CDL(2002)130 - Republic of Azerbaijan Election Code

The will of the people of the Azerbaijan Republic constitutes the basis of the Azerbaijan Republic’sState Power. The will of the people of Azerbaijan Republic is expressed in fair andregular elections based on general, equal and direct suffrage by means of secret and personal vote as well as in nationwide opinion poll - referendum based on general, equal and direct suffrage by means of secret and personal vote. The Azerbaijan Stateguarantees free expression of the will of the people of Azerbaijan Republic by protection ofprinciples and norms of universal suffrage. The present Code establishes the rules for the organization and conduct of elections of the parliament of Azerbaijan Republic – the Milli Majlis, the President of Azerbaijan Republic, municipalities and nationwide opinion poll – referendum

GENERAL PART

SECTION ONE. Main definitions

CHAPTER One. Main definitions and principles

Article 1. Main terms used in this Code

The following main terms shall be used in this Code:

Campaign materials – printed, audio-visual and the kind of other materials devoted to pre-election (pre-referendum) campaign envisaged to be disseminated by publication and other means during election (referendum) campaign;

Pre-referendum campaign – activity of referendum campaign groups of citizens of the Azerbaijan Republic with purpose to call or not to call upon to the referendum participants to participate or reject the referendum, to poll or not to poll during the referendum, to support or not to support the issues to be discussed in the referendum;

Pre-election campaign – activity of citizens and political parties of the Azerbaijan Republiccalling or having the purpose to call upon to citizens of the Azerbaijan Republic to participate or not toparticipate in the election, to vote for or against either, one or another candidate (list of candidates).

Elections – elections of deputies of the Milli Majlis of the Azerbaijan Republic,the President of the Azerbaijan Republic, members of municipalities in the Azerbaijan Republic held on the basis of the Constitution of the Azerbaijan Republicand the present Code;

Referendum – voting of the citizens of the Republic of Azerbaijan on the issues determined by the Constitution of the Republic of Azerbaijan;

Election constituency – geographical unit where the voters electing a representative (representatives) to any elective state body are registered;

Electoral territory - geographical unit where the voters electing representatives to municipalities are registered;

Nomination of candidates – initiative as well as collection of signatures directed to support the initiative on determination of persons envisaged to be elected as an deputy of the Milli Majlis of the Azerbaijan Republic, President of the Azerbaijan Republic and a municipality member, or other methods of carrying out of an initiative come forward in accordance with provision provided for in this Code;

Ensuring suffrage – legal, organizational, information and other ensuring suffrage of citizens of the Azerbaijan Republic;

Voter – a citizen of the Azerbaijan Republic possessing the active universal suffrage

Election (referendum) campaign – election (referendum) actions carried out within the period from the day of publication of an authorized State body’s decision on assignment of election (referendum) till the publication of results of the election (referendum);

Suffrage – the right to elect deputies of the Milli Majlis of the Azerbaijan Republic, President of the Azerbaijan Republic, members to municipalities and the right to be elected to the same bodies, as a President of the Azerbaijan Republic, as well as the right to participate in nomination of candidates (list of candidates), pre-election (pre-referendum) campaign, in work of election (referendum) commissions, in observation of elections (referenda) (including, determination of election (referendum) results), in polling, and in carrying out of other election (referendum) actions.

Active suffrage – the right to elect citizens of the Azerbaijan Republic as deputies of the Milli Majlis of the Azerbaijan Republic, for the post of the President of the Azerbaijan Republic and to municipalities; to vote for or against the issues to be discussed for referendum;

Passive suffrage – suffrage of citizens of the Azerbaijan Republic to be elected as deputies of the Milli Majlis of the Azerbaijan Republic, President of the Azerbaijan Republic, members of municipalities, the right to be an initiator of development of pre-referendum campaign groups;

Election (referendum) commissions - corporate bodies organizing and providing realization of elections (referenda) and being formed in accordance with provisions set forth in this Code;

Election block – joining of two or more political parties, with the same rights as political parties during election, for joint participation in elections;

Election (referendum) constituency – an area organized in conformity with the present Code for conducting of elections (referenda),

Candidate – person nominated for member of the Milli Majlis of the Azerbaijan Republic,President of the Azerbaijan Republic, member of municipality in accordance with this Code;

Registered candidate - candidates registered for member of the Milli Majlis of the Azerbaijan Republic,President of the Azerbaijan Republic, member of a municipality in accordance with this Code;

List of candidates: candidates nominated for nationwide election constituency by a political party, a block of political parties during the elections to the Milli Majlis

Initiators of a referendum campaign group – citizens of the Azerbaijan Republic initiating development of a referendum campaign group and signed a notification on development of the group submitted to the relevant election commission;

Members of a referendum campaign group - citizens of the Azerbaijan Republic signing the signature lists necessary for registration of a referendum campaign group;

Election (referendum) complaint – appeal directed to cancellation or revision of documents, decisions, results of actions related to elections (referendum);

Voter lists – list of citizens of the Azerbaijan Republic living in the territory of the relevant election (referendum) precinct of an election (referendum) constituency having universal suffrage;

Signature sheets – lists with voters’ signatures directed to support either one or another candidate during election, or about a referendum campaign group for its participation;

Observation – preparation of expert opinion based on gathering and assessment of information;

Observers – persons appointed by political parties, public organization, referendum campaign groups, candidates and accredited in the relevant election (referendum) commission in cases provided for by this Code for elections (referenda) observation during holding of elections (referenda);

International (foreign) observers – persons acquiring the right to observe elections (referenda) and representing a foreign or international organization;

Persons having the right to participate in conducting of election actions – observers, foreign observers, agents, authorized representatives, media representatives;

Elective bodies –the Milli Majlis of the Azerbaijan Republic, the President of the Azerbaijan Republic, municipalities;

Subordination – means official relations between a manager and subordinate, including directive authorities of the first on the latter, i.e. the first should have the right to employ, dismiss the latter within his official authorities, give obligatory orders, instructions and directions, reward and impose on him disciplinary punishments.

Announcing (publication) – official bringing to attention of population the election-related (referendum-related) decisions of election commissions and other state bodies participating in conduct of elections (referendum)

Article 2. Principles of participation in elections and referendum

2.1. Citizens of the Azerbaijan Republicparticipate in elections and referenda based on general, equal and direct suffrage by means of secret and personal vote.

2.2. The participation of citizens of the Azerbaijan Republic in elections and referenda is free and voluntary. Nobody has the right to put pressure upon a citizen of the Azerbaijan Republic to participate or not in elections and referendum and nobody can impede him to express his will freely.

2.3. Citizens of the Azerbaijan Republicresiding outside the Azerbaijan Republic have full suffrage during holding of elections and referenda. During holding of elections and referendum, diplomatic representations and consulates of the Azerbaijan Republic should facilitate implementation of rights of citizens of the Azerbaijan Republic envisaged in Articles 3 and 56.

2.4. Elections cannot be held on the same day as a referendum.

2.5. Preparation and holding of elections and referenda, vote counting, definition of voting results and results of elections and referenda is carried out freely and publicly.

Article 3. Universal suffrage

Irrespective to their race, nationality, religion, language, gender, origin, property status, office position, persuasions, belonging to political parties, trade unions and other public unions, Azerbaijan Republic’s citizens have the universal suffrage, the right to be elected and participate in referendum.

Article 4. Equal suffrage

4.1. Azerbaijan Republic’scitizens participate in elections and referendum on equal terms.

4.2. Each citizen of the Azerbaijan Republic has a single vote during each voting.

4.3. Any vote of citizens of the Azerbaijan Republic has the equal validity.

Article 5. Direct suffrage

5.1. Citizens of the Azerbaijan Republic personally vote for a candidate (list of candidates) or against all candidate (list of candidates) during elections and for or against issues to be discussed by referendum.

5.2. Voting in place of other persons is forbidden

Article 6. Secret voting

Voting during elections and referenda must be secret and any control on expression of a voter’s will should be excluded.

Article 7. Obligation of holding of elections and referenda

7.1. It is obligatory to hold elections to elective bodies within time periods indicated in the Constitution of the Azerbaijan Republic and the present Code.

7.2. It is obligatory to hold referenda on the issues indicated in Item 2 of Article 3, and Article 152 of the Constitution of the Azerbaijan Republic.

Article 8. Timeframe for announcement of elections (referenda)

Elections (referenda) are announced no later than 120 days before polling day.

Article 9. Place of exercising of suffrage

Unless otherwise stipulated in this Code, suffrage is exercised in the permanent place of residence of the Azerbaijan Republic’s citizens

Article 10. Voting during election and referendum

10.1 Citizens of the Azerbaijan Republic can vote for or against only one candidate (list of candidates) when participating in elections.

10.2. When participating in elections the citizens of the Republic of Azerbaijancan vote against all candidates (lists of candidates)

10.3 When participating in referendum, citizens of the Azerbaijan Republiccan give only one answer to each question to be discussed by referendum.

Article 11. Right for pre-election (pre-referendum) campaign

11.1 State secures free conducting of pre-election (pre-referendum) campaign for citizens of the Azerbaijan Republic, political parties, and referendum campaign groups.

11.2 Citizens of the Azerbaijan Republic, political parties, referendum campaign groups have the right to encourage voters to participate (not to participate) in elections (referendum), to conduct pre-election (pre-referendum) campaign in the form of appeals for or against a candidate (list of candidates), (an issue to be discussed by referendum), to vote for or against any registered candidate (list of candidates) and an issue to be discussed by referendum, in the manner and method allowed by Law.

11.3State defines conditions for equal use of media branches by a registered candidate, as well as political parties, blocks of political parties, referendum campaign groups for pre-election (pre-referendum) campaign in accordance with Articles 78-86 of this Code.

CHAPTER Two. Suffrage insuring. Limitations.

Article 12. Belonging of the active suffrage

Except for the cases stipulated by Article 56 of the Constitution of the Azerbaijan Republic and by this Code, every citizen of the Azerbaijan Republic, who attained 18 on the day of election, having the universal suffrage, has the right to vote in referendum, to observe elections (referendum process), to participate in carrying out of actions related to the election actions and preparation of referendum provided for in this Code.

Article 13. Belonging of the passive suffrage

Except for the cases stipulated by Article 56 of the Constitution of Azerbaijan Republic and by this Code, every citizen of the Azerbaijan Republic, having active suffrage, has the right to be elected to elective bodies and to be an initiator of a referendum campaign group, if he meets requirements of the Constitution of the Azerbaijan Republic and this Code concerning candidates.

Article 14. Cases of limitation of the suffrage

14.1. Pursuant to Part 2 of Article 56 of the Constitution of the Azerbaijan Republic,persons recognized as incapacitated by a court decision do not have the right to participate in elections as well as in referendum, i.e. do not have the active suffrage.

14.2. Limitations related to the passive suffrage shall be established by Articles 56, 85, 100 of the Constitution of the Azerbaijan Republic and by this Code.

14.3. Pursuant to Part 3 of Article 56 of the Constitution of the Azerbaijan Republic the following persons do not have the right to be elected as deputy of the Milli Majlis of the Azerbaijan Republic, President of the Azerbaijan Republic, member of a municipality, to be an initiator of development of referendum campaign groups, i.e. they do not have the passive suffrage:

14.3.1. Citizens of the Azerbaijan Republic with dual citizenship;

14.3.2. military servants;

14.3.3. judges;

14.3.4. State servants;

14.3.5. clergymen;

14.3.6. people sentenced to prison by an official and valid court decision

14.3.7. persons who did not completely served their sentences or not remitted from the sentences

14.3.8. irrespective to complete serve or remission of sentence, persons sentenced to prison for the crimes indicated in Articles 15.3 – 15.5 of the Criminal Code of the Azerbaijan Republic;

14.3.9. other persons specified by Article 213 of this Code.

Article 15. Prohibition to foreigners, stateless persons and foreign legal entities to participate in elections (referenda)

15.1. Foreigners, stateless persons and foreign legal entities, their branches and representative offices may not assist or impede the nomination, registration of candidates and election of registered candidates during elections.

15.2. Foreigners, stateless persons and foreign legal entities, their branches and representative offices (hereinafter – foreign legal entities) during referendum do not have the right to conduct a campaign for or against issues to be discussed by referendum, to be a member of referendum campaign groups, including their initiators or to take part in their activity in any form.

15.3. The foreigners, stateless persons and foreign legal entities not following the requirements shall be called to account in accordance with the Law.

SECTION TWO. General provisions

CHAPTER Three. Election and referendum bodies

Article 16. Principles of election (referendum) bodies’ activity

16.1. Elections and referenda in the Azerbaijan Republic shall be represented and held by election (referendum) commissions.

16.2. Within the authorities established by this Code, election (referendum) bodies – election (referendum) commissions shall ensure the preparation and holding of elections (referendum), realization and protection of citizens’ suffrage, and control the observation of the mentioned rights.

16.3. Within the boundaries of authorities established by this Code, election (referendum) commissions do not depend on State , local self-governance bodies,political parties,non-government organizations,legal entities and phisical persons concerning the preparation and holding of elections (referendum). The above-mentioned bodies and their officials are not allowed to intervene in the activity of election (referendum) commissions. Persons intervening in or influence on the work of election commissions shall bear administrative or criminal liability.

16.4. Decisions and acts adopted by election commission within the boundaries of authorities established by this Code shall be obligatory for municipalities, candidates, registered candidates, parties, blocks of political parties, referendum campaign groups, officials and voters.

16.5. Within the boundaries of authorities established by this Code, election commissions have the right to use the State Automated Information System during preparation and holding of elections (referenda) with the purpose to give information about the course of preparation and holding, results of the elections, to obtain, collect, complete, re-process, transmit and preserve the information used during preparation and holding of elections (referenda), to provide information about activity of election commissions.

16.6. During organization and holding of elections (referenda), election commissions, their members and other officials build their activity on the basis of following principles:

16.6.1. organization and holding of elections (referenda) should be based on the Law; laws must be applied fully, equally and impartially within the Law;

16.6.2. Every party, referendum campaign group, candidate, voter and other participants of election (referendum) campaign should be treated fairly and equally.

16.6.3. attitude towards a candidate, political party, referendum campaign groups and voter should be neutral and impartial;

16.6.4. should not admit any actions directed to or that can be understood as support of any candidate, political party, referendum campaign group;

16.6.5. should not admit a conflict of office and personal interests as a preparatory of elections (referenda);

16.6.6. should not take any presents or gifts from participators of election (referendum) campaign;

16.6.7. should not execute illegal directions or instructions contradicting their duties;

16.6.8. should not take part in any actions and acts that conflict with their duties;

16.6.9. should not take part in activity (including private activity) that can lead to emergence of a preconceived position towards any candidate, political party, referendum campaign group;

16.6.10. should not express its position within any political disputes related to elections (referenda);

16.6.11. should not have any relation with voter concerning the matters of political nature;

16.6.12. should not carry or disseminate symbols or somehow express their attitude to any political party;

16.6.13. should not explain decisions made;

16.6.14. should make possible acquirement of the information that can affect taking of any decision;

16.6.15. should create opportunities to get acquainted with documents and information based on Law

16.6.16. should guarantee collection, investigation, and distinct, clear and regular publication of information

16.6.17. should take possible measures to ensure voters’ participation in elections (referendum)

16.6.18. should ensure correct understanding of election (referendum) campaign by voters

16.6.19. should give all guarantees for participation of disabled voters or voters with other physical deficiencies living in distant or almost impassable places and who need special voting conditions

Article 17. Structure of election (referendum) commissions

17.1. Structure of election (referendum) commissions includes the following election commission:

17.1.1. Central Election (Referendum) Commission of the Azerbaijan Republic (hereinafter – Central Election Commission)

17.1.2. constituency election (referendum) commissions (hereinafter - constituency election commissions)

17.1.3. precinct election (referendum) commissions (hereinafter - precinct election commissions)

17.2. Central Election Commission manages the activity of election commissions. Central Election Commission of the Azerbaijan Republic is a standing State body functioning in accordance with Articles 3, 83, 101 and 142 of the Constitution of the Azerbaijan Republic.

Article 18. General rules of organization of election commissions’ activity

18.1. Election commissions function collectively;

18.2. Relevant election commission assembles for its first meeting not later than 5 days after appointment of members with decisive voting right.

18.3. Chairman of election commission and secretaries, as well as deputy chairperson in the Central Election Commission are elected in the meeting of election commission. Until chairperson of election commission is selected, the oldest member of the commission chairs its first meeting.

18.4. Election commissions take decisions within their authority.

18.5. Election commission’s meeting shall be convened by the chairperson, as well as upon requirement of at least one third of the commission members with decisive voting right.

18.6. Member of election commission with decisive voting right is obliged to participate in all meetings of the commission (except the cases when he/she is ill and other same kind of good reasons).

18.7. A meeting of election commission is considered valid upon attendance of two thirds of the members with decisive voting right.

18.8. For validation of the meeting of the election commission at least two thirds of its members with decisive voting right should be appointed.

18.9. Any issue, raised by a request of a member of election commission or any member of a superior election commission attending the meeting, and pertinent to the authority of the commission and relevant to approved agenda, should be voted upon.

18.10.Minutes of all meetings of election commissions shall be taken, and all documents entering the commission shall be registered.

18.11.Decisions of election commission and minutes of its protocols shall be signed by commission chairperson and secretaries. In case when the mentioned persons do not sign the relevant decisions and protocols, the members of the election commission who voted for it shall sign the documents.

18.12.Members of the election commission not in favor with the decision made by the election commission, can express their opinion in writing and the opinion shall be attached to the commission’s protocol. Special comment should be submitted to a superior election commission within 3 days, and information about the opinion should be given on the voting day or the day after.

18.13.In connection with carrying out of works related to preparation and holding of elections (referenda), election commission can hire supernumerary workers based on labor and civil contract, and within funds allocated from budget for the mentioned activities.

18.14.During the period of preparation and holding of elections, broadcasting organizations, mentioned in Article 78.2 of this Code, shall give the Central Election Commission 15 minutes free air (broadcasting) time per week for explanation of the election (referendum) legislation, rules and time frame for implementation of important election actions, as well as dissemination of information about the course of the election (referendum) campaign, for responding of voters’ questions; the broadcasting organizations, mentioned in Article 78.3 of this Code shall grant not less than 10 minutes free air (broadcasting) time to constituency election commissions for the same purpose.

18.15.Information about the time of the election commission’s meeting is given to members of the commission personally in writing or by means of electronic communication facilities in accordance with Articles 28.3, 33,3 and 37,1 of this Code.

Article 19. Allocation of space in press to election commissions

19.1. During the week indicated in Article 78.2 of this Code, editorial offices of periodicals that have at least one issues per week should allocate to the Central Election Commission a space not less than one page of the their weekly issues, during the period of preparation and holding of elections.

19.2. Periodicals being issues at least once in a week and indicated in Article 78.3 of this Code should allocate to the Constituency Election Commissions a space not less than one page of their weekly issues and to the Precinct Election Commissions - a space not less than one page of their weekly issues, during the period of preparation and holding of elections.

19.3. Election commissions shall use the mentioned spaces for explanation of election (referendum) legislation, to answer the questions of voters, referendum campaign groups about rules and schedule of election actions, candidates, registered candidates, political parties, blocks of political parties, course of election (referendum) campaign.

Article 20. Representation in election commissions

20.1. Registered candidates, political parties and blocks of political parties registered their lists of candidates during elections, and referendum campaign groups during referendum can appoint one representative to the staff of a relevant election commission with consultative voting right.

20.2. Within 3 days, the relevant election commission shall approve the representatives nominated by registered candidates, political parties and blocks of political parties registered their lists of candidates and referendum campaign groups. In cases where the relevant election commission does not approve the representatives, within the above-stated period, the candidate, political party, blocks of political parties, referendum campaign groups shall be sent a written reply with indication of the ground for rejection.

20.3. If referendum campaign groups are merged, in this case, all other representatives except a one shall be recalled from the staff of election commissions.. If a referendum campaign group does not meet the requirement, the relevant election commissions withdraw the persons to be recalled from the commission on the basis of their own considerations.

Article 21. Status of election commission member

21.1. Elected members and officials of State power bodies and municipalities, judges, prosecutors, members of political parties, initiators of organization of referendum campaign groups, authorized representatives and agents of candidates, registered candidates, as well as parties nominated a candidate (list of candidates), blocks of political parties, referendum campaign groups, members of election commissions with consultative voting right, persons directly subordinate to candidates and registered candidates, kin, wives and wives’ kin of the mentioned persons (children, parents, adopted children, brothers, sisters, grandchildren, grandfathers, grandmothers) persons who previously violated the election legislation and were withdrawn from the membership of the commission by a decision of a superior election commission or the violations of election legislation of which have been confirmed by court cannot be a member of election commission with decisive voting right.

21.2. A member of election commission with decisive or consultative voting right cannot be at the same time a member of another election commission with decisive or consultative voting right.

21.3. A member of election commission with decisive voting right shall be dismissed from his position based on the decision of a relevant election commission within a month, and during preparation and holding of election – within three days, in the following cases:

21.3.1. on submission of written application for resignation;

21.3.2. when there are grounds provided for in paragraph 1 and 2 of this Article.

21.4 Powers of a member of election commission with decisive voting right shall immediately be terminated in the following cases:

21.4.1. on written renunciation of his/her powers;

21.4.2. becoming a candidate for the post of President of the Azerbaijan Republic, deputy of the Milli Majlis of the Azerbaijan Republicor for a member of municipality;

21.4.3. being a member of a political party;

21.4.4. if he is a close relative or an agent of candidates for the post of President of the Azerbaijan Republic, for deputies of the Milli Majlis of the Azerbaijan Republic, for a candidate of a municipality, and if he passes to direct subordination to the mentioned officials and political parties.

21.4.5. if they are authorized representatives, agents or observers of candidates for the post of President of the Azerbaijan Republic, for deputy of the Milli Majlis of the Azerbaijan Republic, initiative groups of voters, referendum campaign groups, municipalities, political parties.

21.4.6. when he/she lose his/her citizenship of the Azerbaijan Republic or if he is a citizen of other country;

21.4.7. when accusatory court sentence comes into force;

21.4.8. when he/she is recognized by legal court decision as incapacitated, with limited incapacity, considered missing or dead;

21.4.9. when he/she dies;

21.4.10. when decision of election commission on regular non-fulfillment of his/her duties is confirmed by the relevant court decision;

21.5. A new member shall be appointed in the place of the member with decisive voting right, who has left election commission in the above-mentioned cases, not later than a month after the resignation day and not later than 3 days after his resignation during preparation and holding of elections according to procedures established in this Code.

21.6. Election commissions and their members shall bear responsibility established by Azerbaijan Republic’s legislation for officials for violation of requirements of this Code.

21.7. A member with decisive voting right cannot be imposed with criminal liability or administrative penalty during preparation and holding of election without relevant consent of prosecutor.

21.8. A member of an election commission with decisive voting right cannot be put on another position by employer’s initiative before termination of his powers, and a member of election commission with consultative voting right cannot be put on another position by employer’s initiative during the activity of the commission without their own consent.

21.9. A member of an election commission with consultative voting right has the same rights with a member of election commission with decisive voting right, excluding issuance of ballots and de-registration card for voting, counting of ballots, cancellation of ballots and de-registration cards, to draw up protocols about outcomes and results of voting, to vote during making decisions on issues concerning authorities of the election commission, the right to sign decisions of the relevant election commission.

21.10. Members of election commissions with decisive and consulting voting right:

21.10.1. are timely informed about meetings of the relevant election commission;

21.10.2. can give proposals on issues related to authorities of the relevant election commission, make a speech in the meeting of election commission and require voting on the issues;

21.10.3. can ask questions to other participants of the meeting of election commission related to the agenda issues and get answers on them.

21.10.4. can be familiarized with any election document (including voters lists, ballots), election documents of a lower election commissions, can get copies of the documents (excluding voters lists, signature sheets, ballots and voter verifications), can get familiarized with documents reflecting information that is not considered by Law as State, commercial secret or other secret;

21.10.5. can complain of decisions or action (lack of action) of election commission to a relevant superior election commission defined in this Code and to court;

21.11. Authorities of a member of election commission with consulting voting right are remain valid till the end of registration of candidates (list of candidates), if the candidate, appointed him, was elected or if candidates nominated by a political party, blocks of political parties can participate in distribution of deputy mandates. Authorities of members of election commission with consulting voting right are terminated 30 days after official announcement of overall results of election (referendum), but if superior election commission receives a complaint on decision, action (lack of action) of a lower election commission, rules of voting or vote counting were violated and court investigation is conducted on these facts, the authorities are terminated only after making decision by the superior election commission or the court.

21.12 A member of an election commission with consulting voting right appointed to election commission in relation with holding of referendum can participate in actions of the election commissions related only to referendum, member of election commission with consulting voting right appointed to election commission in relation with holding of presidential elections can participate in actions of the election commissions related only to presidential elections, a member of an election commission with consulting voting right appointed to election commission in relation with holding of elections to the Milli Majlis of the Azerbaijan Republic can participate in actions of the election commissions related only to elections to the Milli Majlis of the Azerbaijan Republic, a member of an election commission with consulting voting right appointed to election commission in relation with holding of municipality elections can participate in actions of the election commissions related only to municipality elections.

21.13 Authorities of a member of election commission with consulting voting right can be terminated or given to other person by decision of a person or body that appointed the member.

Article 22. Term of authority of election commissions

22.1. The term of election commissions’ authority is 6 years.

22.2. If the right of citizens to participate in election and referendum was violated by a lower election commission and as a result of such actions the Central Election Commission annulled the results of voting in the relevant constituency, the Central Election Commission can dissolve this lower election commission. Persons established by legislation can complain on decision of the Central Election Commission to the Appeal Court of Azerbaijan Republic. The complaint shall beaccepted immediately for consideration and a relevant decision shall be made not later than a week after. Within a week after coming into force of a decision of the Appeal Court of Azerbaijan Republic on the issue, the lower election commission should be formed.

22.3. If an election commission is dissolved and formed again as in cases mentioned in this Code, the term of authority of a newly formed election commission shall be limited to the terms of authority of the old one.

Article 23. Terms of activity of election commissions

23.1. Pursuant to Article 17.2 of this Code, the Central Election Commission shall function permanently.

23.2. If there is not a complain about a decision (action, lack of action) of a constituency election commission, voting or vote counting procedures were not violated and no court case is conducted on these facts, the activity of the constituency election commissions comes to end 15 days after the official announcement of the Central Election Commission on the outcomes of the elections (referendum). In case of emergence of any complaint about the activity of constituency election commission its activity is terminated after decision made by the superior election commission and the court on the essence of the complaint.

23.3. If there is not a complain about decision (action, lack of action) of a precinct election commission, voting or vote counting procedures were not violated and no court case is conducted on these facts, activity of the constituency election commissions comes to end 10 days after official announcement of the Central Election Commission on the outcomes of the elections (referendum). In case of emergence of any complaint about the activity of precinct election commission its activity is terminated after decision made by the superior election commission and the court on the essence of the complaint.

23.4. According to Article 43 of this Code and in connection with approval of voters lists, constituency and precinct election commissions function from January 10 teal March 10 each year.

CHAPTER Four. The Central Election Commission of Azerbaijan Republic

Article 24. The Rule of Formation of the Central Election Commission

24.1. The Central Election Commission comprises 18 members. One third of the Central Election Commission’s members represents the political party, which deputies elected on nationwide constituency, constitute majority in the Milli Majlis and presents their candidacy, one third of the Central Election Commission members represents the non-partisan deputies presenting their candidacy, and 1/3 of the Central Election Commission members the political parties, which deputies elected on single-mandate constituency, constitute minority in the Milli Majlis and present their candidacy. Non-partisan deputies are represented in the Central Election Commission by independent lawyers that are nominated by such deputies.

24.2. 9 members of the Central Election Commission are appointed by the Milli Majlis, and the rest 9 members are appointed pursuant to paragraph 32 of Article 109 of the Constitution of Azerbaijan Republic. The Central Election Commission members cannot be members of any party.

24.3. One third of the Central Election Commission members shall be re-appointed by the state body that appoints them every two years in accordance with the rule set forth in this Article.

24.4. Chairman, deputies and secretaries of the chairman of the Central Election Commission are elected by members of the Central Election Commission voting by show at its first meeting in accordance with the rule set forth in Article 28.2 of this Code.

24.5. Members of the Central Election Commission should have higher education.

Article 25. Authorities of the Central Election Commission

25.1. The Central Election Commission ensures preparation and holding of presidential elections, elections of deputies of the Milli Majlis of the Azerbaijan Republic,as well as referenda and municipality elections. The Central Election Commission carries out the following general authorities:

25.1.1. supervises the observation of people’s suffrage during preparation and holding of elections (referenda), carries out the actions related to determination of elections (referenda), ensures the identical and correct application of the relevant Articles of this Code.

25.1.2. forms constituency election commissions in accordance with its formation principles.

25.1.3. manages the activity of constituency and precinct election commissions;

25.1.4. works out standards for technical equipment necessary for the activity of election commissions, approves the standards and supervises their observation;

25.1.5. ensures preparation and holding of elections (referenda), implementation of the programs related to development of the election (referendum) system, legal education of voters, professional qualification of members of election commissions;

25.1.6. creates conditions for pre-election campaign of all candidates, registered candidates, political parties, blocks of political parties and pre-referendum campaign of referendum campaign groups; approves the unified regulations for distribution of air (broadcasting) time between registered candidates, political parties, blocks of political parties and referendum campaign groups, specifies the rules of publication of voting and referendum results;

25.1.7. distributes funds allocated from the State budget to preparation and holding of elections (referenda), and supervises their usage for the specified purpose.

25.1.8. renders legal, methodical, technical and organizational assistance to election commissions;

25.1.9. approves samples of election (referendum) ballot papers, voters lists, de-registration cards, and insures their preparation and protection; provides delivery of election (referendum) ballot papers, de-registration cards and other election (referendum) papers to precinct election commissions;

25.1.10. approves rules for storage of election materials and keeping them in archives;

25.1.11. approves standards for technical supply of election commissions and supervises their observation; approves samples of seals of election commissions;

25.1.12. supervises funding of pre-election campaign;

25.1.13. provides voters with information about terms, rules and course of holding of elections (referenda);

25.1.14. supervises ensuring of provision of election commissions with premises, transport and communication means, and solves other logistic issues related to elections (referendum);

25.1.15. considers complaints on decisions and actions (inactions) of election commissions and their officials, and takes well-grounded decisions on the complaints;

25.1.16. forms a unified registration system for voters together with relevant executive authorities and local self-governance bodies; gets information from relevant executive authorities and local self-governance bodies about issues related to preparation and holding of elections;

25.1.17. ensures use of the State Automated Information System on a basis of common rules;

25.1.18. carries out other authorities in accordance with this Code.

25.2. Within its authorities, the Central Election Commission can adopt regulations and methodic directions about implementation of this Code.

Article 26. Directions of activity of the Central Election Commission

26.1. The Central Election Commission exercises the following authorities during preparation and holding of referendum:

26.1.1. supervises compliance of holding of referendum to this Code;

26.1.2. registers referendum campaign groups in cases stipulated by this Code;

26.1.3. publishes overall lists of registered referendum campaign group;

26.1.4. ensures distribution air (broadcasting) time among referendum campaign group for pre-referendum campaign on a basis of common rules;

26.1.5. determines unified rules for preparation of voting results;

26.1.6. guarantees supervision on spending of monetary means entered to referendum funds;

26.1.7. cancels illegal decisions of the lower elections commissions on its own initiative;

26.1.8. defines results of referendum and publishes them in press;

26.1.9. organizes holding of re-voting;

26.1.10. exercises other authorities in accordance with this Code;

26.2. The Central Election Commission exercises the following authorities during preparation and holding of elections to the Milli Majlis of the Azerbaijan Republic:

26.2.1. supervises compliance of holding of election to the Milli Majlis of the Azerbaijan Republic to this Code;

26.2.2. approves lists of candidates nominated on single-mandate constituencies by political parties and blocks of political parties;

26.2.3. registers lists of candidates nominated on nationwide constituencies by political parties and blocks of political parties;

26.2.4. publishes overall lists of registered candidates;

26.2.5. registers authorized representatives and agents of candidates of political parties and blocks of political parties;

26.2.6. issues verifications to candidates, agents, authorized representatives nominated on nationwide constituencies;

26.2.7. ensures observation of conditions of pre-election activities, established by this Code, by all candidates, registered candidates, political parties, blocks of political parties, referendum campaign groups;

26.2.8. ensures carrying out of distribution of air (broadcasting) time for pre-election campaign between political parties, blocks of political parties and registered candidates on a basis of equal rules;

26.2.9. ensures supervision on spending of monetary means entered to election funds;

26.2.10. determines elected deputies among candidates registered in the single-mandate election constituencies and candidates in the lists of registered candidates nominated by political parties and blocks of political parties in the nationwide constituencies, and issues them the appropriate verification;

26.2.11. officially publishes results of elections to the Milli Majlis of Azerbaijan Republic,including protocols of precinct election commissions;

26.2.12. draws up list of the elected deputies, submits these lists and necessary documents to the Milli Majlis;

26.2.13. organizes holding of repeat elections and by-elections for places occurring after the leaving of deputies;

26.2.14. exercises other authorities in accordance with this Code;

26.3. The Central Election Commission exercises the following authorities during preparation and holding of elections of the President of the Azerbaijan Republic:

26.3.1. supervises holding of elections of the President of the Azerbaijan Republicin compliance with this Code;

26.3.2. registers initiative group of voters;

26.3.3. registers candidates for Presidency, their agents, authorized representatives;

26.3.4. issues verification in established form to candidates for presidency and their agents;

26.3.5. publishes overall lists of registered candidates;

26.3.6. ensures equal condition for pre-election campaign to all candidates for presidency;

26.3.7. ensures observation of pre-election activity conditions, established by this Code, by all candidates, registered candidates, political parties and blocks of political parties, initiative groups of voters;

26.3.8. ensures distribution air (broadcasting) time among registered candidates on a basis of common rules;

26.3.9. guarantees supervision on spending of monetary means entered to the funds of candidates for presidency;

26.3.10. determines unified rules for preparation of voting results;

26.3.11. defines the results of presidential elections;

26.3.12. issues verification to the candidate elected as the President;

26.3.13. officially publishes results of presidential elections, including protocols of precinct election commissions;

26.3.14. prepares holding of repeat voting on presidential elections

26.3.15. prepares holding of presidential elections;

26.3.16. exercises other authorities in accordance with this Code;

26.4. The Central Election Commission exercises the following authorities during preparation and holding of municipality elections:

26.4.1. supervises compliance of holding of municipality elections to this Code;

26.4.2. makes a decision on holding of repeat elections and by-elections on the basis of information received from the constituency election commission;

26.4.3. determines unified rules for preparation of voting and election results;

26.4.4. officially publishes results of elections, including protocols of precinct election commissions;

26.4.5. exercises other authorities in accordance with this Code;

Article 27. Ensuring of Activity of Members of The Central Election Commission

27.1. Members of the Central Election Commission receive salary during the period of their authority;

27.2. Member of the Central Election Commission of the Azerbaijan Republic cannot be subject to criminal liability without the consent of a general prosecutor or administrative penalties as may be determined in a court procedure.

27.3. Members of the Central Election Commission have right to free use of inter-cities transport and any public transport (except taxi and ordered trips) within the country during elections (referendum). Expenses within the country shall be paid from the funds allocated by the Central Election Commission.

Article 28. Organization of Activity of the Central Election Commission

28.1. The Chairman, deputy Chairman and secretaries of the Central Election Commission assign duties to members of the Central Election Commission;

28.2. The Chairman of the Central Election Commission represents the political party, whose deputies elected by a nationwide constituency constitute majority in the Milli Majlis, one of the secretaries of the Central Election Commission represents non-partisan deputies, and others represent the political party, which deputies elected by a nationwide constituency constitute minority in the Milli Majlis.

28.3. Members of the Central Election Commission shall be informed by the Chairman of the Central Election Commission on meeting of the Commission at the latest 24 hours before the conduct of the meeting.

28.4. Decisions of the Central Election Commission shall be made by a two thirds majority of votes of its members present at the meeting upon voting by show: if 12 members of the Central Election Commission are present at the meeting of the Central Election Commission – by a majority of at least 8 of its members, if 13 members are present - by a majority of at least 9 of its members, if 14 or 15 members are present - by a majority of at least 10 of its members, if 16 members are present - by a majority of at least 11of its members, and if 17 or 18 members are present - by a majority of at least 12 of its members.

28.5. Decision of the Central Election Commission should be officially published at the latest two days and the decision shall enter into force upon adopting.

28.6. The Central Election Commission forms its Secretariat. Rules of activity of Secretariat of the Commission are established in accordance with the Regulations approved by the Central Election Commission. The Central Election Commission determines the structure and established posts of the Secretariat within funds allocated to the Central Election Commission from State budget.

28.7. The Central Election Commission of the Azerbaijan Republic has its official publishing organ.

28.8. The Central Election Commission is a legal entity.

CHAPTER Five. Election (referendum) constituencies and constituency election commissions

Article 29. Formation of election (referendum) constituencies

29.1. The Central Election Commission forms 100 election (referendum) constituencies (hereinafter – election constituencies) every 5 year based on the information about the number of voters actually residing and registered in the relevant territorial units provided by the municipalities of relevant executive bodies assigned for holding of elections. Elections constituencies as a rule are formed on the basis of average representation norm. The average representation norm is specified by division of total number of registered voters to 100. Election constituencies function as single-mandate constituencies during the elections of deputies of the Milli Majlis, and as election territories during the elections of municipality members.

29.2. Voters residing outside the Azerbaijan Republic shall be included on the voters lists in election constituencies. Information about the number of voters permanently residing outside the Azerbaijan Republic, or being on long-term business trips and registered in the relevant diplomatic representations and consulate departments of Azerbaijan Republicshall be submitted to the Central Election Commission by a relevant executive power body. Based on the same information, the Central Election Commission shall approve list of the relevant election constituencies for inclusion of the voters on the voters lists. Number of voters in election constituencies where the voters residing outside Azerbaijan Republic are included on the lists should not be less than the average norm of voters. Number of voters residing outside Azerbaijan Republicand included on the voters lists in election constituencies should not be more than 5% of voters registered in each election constituency.

29.3. Election constituencies shall be formed upon observation of the following requirements:

29.3.1. As a rule, number of voters registered on the territory of administrative-territorial units of the Azerbaijan Republic should be approximately the same under the condition that their number should not be 5 % more (less) than the average representation norm and 10% more (less) than the average representation norm in distant places and places having impassable roads;

29.3.2. Formation of election constituencies in the territories not having boundaries between each other is prohibited.

29.4. Upon observation of requirements on formation of election constituencies indicated in paragraph 2 and 3 of this Article, necessity of intersection of the boundaries of municipality should be taken into consideration.

29.5. The Central Election Commission should approve the scheme of formation of election constituencies and their graphic images on the basis of information about voters obtained every 5-years on 10^th Wednesday of the year. During this period the scheme of formation of election constituencies and their graphic images can be re-approved taking into consideration the provisions of Article 43 of this Code. If election constituencies are formed right before holding of election (referendum), the scheme of formation of election constituencies and their graphic images should be approved at least 115 days before election (referendum) day and be published at least 105 days before election (referendum) day.

29.6. The following should be indicated in the scheme of formation of election constituencies:

29.6.1. name and number of each election constituency;

29.6.2. list of municipalities of administrative-territorial units, or towns, district, districts in towns located in every election constituency (if election constituency includes a part of an administrative-territorial unit, municipality, and settlement, the boundaries of the part of the administrative-territorial unit, municipality, and settlement should be outlined in the scheme. If one election constituencies is formed in one administrative-territorial unit, list of municipalities located in the election constituency shall not be included in the scheme of formation of single-mandate election constituency);

29.6.3. center of each election constituency;

29.6.4. number of voters registered in each election constituency, number of voters registered in each municipality included in election constituency, in case of formation of more than one single-mandate election constituency in administrative-territorial unit;

29.6.5. number of voters included on the lists in the relevant election constituencies in accordance with Article 2 of this Code, with indication of foreign countries where the voters residing outside the Azerbaijan Republic live.

29.7. At formation of election constituencies and specification of scheme of their formation, the State Automated Information System can be used.

Article 30. Unified election constituency

30.1. The nationwide constituency for election of deputies to the Milli Majlis on the basis of proportional number of votes given to the lists of candidates nominate by political parties and blocks of political parties shall cover whole territory of the Azerbaijan Republic;

30.2. Unified election constituency for election of the President of the Azerbaijan Republicshall cover whole territory of the Azerbaijan Republic;

30.3. According to Article 43 of this Code, voters included on the voters list in a constituency are considered as voters included on the voters list in unified election constituency.

Article 31. Organization of Constituency Election Commissions

31.1. Election constituencies shall be organized by the Central Election Commission consisting 9 persons and at least 90 days before election (referendum). If election constituencies are organized immediately before elections (referendum) they should be organized not later than 90 days before voting day.

31.2. Members of the Constituency Election Commissions are appointed by the Central Election Commission. Members of the Constituency Election Commissions cannot be a partisan.

31.3. Candidacy of 3 members of election constituency shall be presented by the members of the Central Election Commission who represent the political party, whose deputies elected on nationwide constituency constitute majority in the Milli Majlis, candidacy of 3 other members of election constituency shall be presented by the members of the Central Election Commission who represent the political parties, whose deputies elected on nationwide constituency constitute minority in the Milli Majlis and candidacy of the rest 3 members shall be presented by the members of the Central Election Commission who represent non-partisan deputies of the Milli Majlis.

31.4. Candidates to the membership of election constituency can be presented by local branches of the political parties, which are represented in the Central Election Commission by the corresponding members. 2 candidates nominated by the members of the Central Election Commission representing non-partisan deputies shall be agreed with the interested parties: one of them shall be agreed with the members of the Central Election Commission who represent the political party, whose deputies elected on nationwide constituency constitute majority in the Milli Majlis, and the other candidate shall be agreed with who represent the political parties, whose deputies elected on nationwide constituency constitute minority in the Milli Majlis.

31.5. In case the members representing a political party do not nominate a candidate to the membership of an election constituency 95 days before the voting day, the candidate shall be presented by the non-partisan deputies.

31.6. Members of election constituency receives an appropriate verification card from the Central Election Commission.

Article 32. Authorities and directions of activity of election commissions

32.1. The Constituency Election Commission performs the following general authorities:

32.1.1. supervises observation of suffrage of citizens of the Azerbaijan Republic on the territory of election constituency;

32.1.2. creates conditions for all candidates, registered candidates, political parties, blocks of political parties on the territory of election constituency for their pre-election activities and for pre-referendum activities of referendum campaign groups;

32.1.3. names precinct election commissions on the territory of election constituency and ensures numbering of precinct commissions on the base of unified rule;

32.1.4. ensures delivery of election (referenda) ballots, de-registration cards and other election (referendum) documents to precinct election commissions;

32.1.5. distributes funds allocated for preparation and holding of elections (referenda) among precinct election commissions, supervises use of the funds for the specified purpose;

32.1.6. receives information from the relevant executive authority bodies and municipalities related to preparation and holding of elections (referenda);

32.1.7. informs voters about rule and term of performance of election actions in the course of elections (referenda);

32.1.8. supervises provision of precinct election commissions with premises, transport and communication means, fulfillment of relevant decisions made in relation with material and technical supply of elections;

32.1.9. render organizational and technical assistance to precinct election commissions on the territory of election constituency in holding of voting in election precincts;

32.1.10. co-ordinates activity of precinct election commissions, considers complaints regarding decision and actions (inaction) of the commissions and their officials, and makes well-grounded decisions on the complaints;

32.1.11. ensures storage of election (referendum) documents in accordance with rules approved by the Central Election Commission;

32.1.12. ensures submission of documents related to preparation and holding of elections (referenda) to the Central Election Commission, including protocols on outcomes of voting ;

32.1.13. ensures use of the State Automated Information System on the territory of election constituency on the basis of a unified rule;

32.2. Constituency Election Commissions shall perform the following authorities during preparation and holding of referendum:

32.2.1. registers referendum campaign groups in cases stipulated by this Code;

32.2.2. defines results of vote counting in referendum constituencies;

32.2.3. cancels illegal decisions of precinct referendum commissions in referendum constituencies on its own initiative;

32.2.4. ensures control on spending of election funds of referendum campaign groups in referendum constituencies;

32.2.5. defines voting results in referendum constituencies, and gives information about voting results to the Central Election Commission;

32.2.6. performs other authorities in accordance with this Code.

32.3. Election constituency performs the following authorities during preparation and holding of elections of deputies of the Milli Majlis:

32.3.1. ensures reception of information about candidates nominated on corresponding single-mandate election constituency, publishes information about registered candidates;

32.3.2. registers candidates on single-mandate constituency, their authorized representatives and agents, cancels their registration and issues them verifications in established form;

32.3.3. ensures control on spending of election funds of candidates, registered candidates, political parties, blocks of political parties on the territory of election constituencies;

32.3.4. ensures observation of pre-election activity conditions, specified by this Code and other laws, for candidates, registered candidates, political parties, blocks of political parties on the territory of election constituencies;

32.3.5. defines outcomes of elections on single-mandate constituency and voting results in nationwide election constituency, gives information to the Central Election Commission about voting results in single-mandate and nationwide constituency;

32.3.6. summarizes and publishes information from protocols of precinct election commissions on voting results with indication of voting results in accordance with the rule established in this Code;

32.3.7. holds repeat and additional elections;

32.3.8. performs other duties in accordance with this Code.

32.4. The Constituency Election Commissions implements the following duties regarding preparation and conduct of the Presidential Elections:

32.4.1. creates equal conditions for pre-election campaign activities of the candidates for the President within the constituency;

32.4.2. ensures that all candidates, registered candidates follow rules of this Code and conditions of pre-election activities established by other laws within the constituency;

32.4.3. organizes transfer of ballot papers and other documents to the Precinct Election Commissions within the constituency;

32.4.4. determines results of Presidential elections within the constituency, informs the mass media about it and submits protocols on voting results to the Central Election Commission;

32.4.5. performs other duties in accordance with this Code.

32.5. The Constituency Election Commission implements the following duties during preparation and conduct of elections to municipalities:

32.5.1. registers candidates for a member of municipality within the constituency and announces it; cancels the registration of candidates for member of a municipality in the circumstances considered by this Code;

32.5.2. ensures obtaining of information about candidates nominated for municipality on an election territory, publishes information about registered candidates;

32.5.3. registers candidates for member of a municipality, their authorized representatives, their agents and issues them established sample verification cards;

32.5.4. controls that pre-election activities of candidates for member of a municipality within the constituency can be conducted equally;

32.5.5. distributes the funds allocated for preparation and conduct of elections amongst Precinct Election Commissions and controls its expenditure for election purposes within the constituency;

32.5.6. determines the voting results based on information received by Precinct Election Commissions within the constituency, informs voters and the mass media of these;

32.5.7. organizes repeat elections and additional elections;

32.5.8. performs other duties in accordance with this Code.

Article 33. Organization of the Functions of the Constituency Election Commission

33.1. The oldest member of the Constituency Election Commission chairs the first meeting of the Constituency Election Commission.

33.2. Chairperson and secretaries of the Constituency Election Commission are selected during the commission’s first meeting in accordance with the rules of Article 28.4 of this Code.

33.3. Members of the Constituency Election Commission are informed about the meeting of the Constituency Election Commission by the chairperson of the commission at least 24 hours prior to the meeting.

33.4. Decisions of the Constituency Election Commission are adopted during the meeting of the Constituency Election Commission as follows:

· by majority of votes of at least 6 members if attended by 9 or 8 members;

· by majority of votes of at least 5 members if attended by 7 members;

· by majority of votes of at least 4 members if attended by 6 members.

33.5. Decisions of the Constituency Election Commission are signed by the chairperson and secretaries of the Constituency Election Commission. If decisions of the Constituency Election Commission are not signed by the persons mentioned above, it should be signed by the members who voted for that decision.

33.6. Decisions of the Constituency Election Commission must be published within a 24 hour period.

CHAPTER Six. Voting (referendum) Stations and Precinct Election Commissions

Article 34. Establishment of Voting (referendum) Stations

34.1. Voting (referendum) stations (hereafter referred to as voting stations) shall be formed in every 5 years with the purpose of conduct of voting and count of votes, taking into account number of voters registered within the territories of the municipality. Separate voting stations can be formed before abovementioned period expires with a purpose to insure the conformity of the requirements of paragraph 3.1 of this Article.

34.2. Voting stations shall be created by the relevant Constituency Election Commissions, agreed with heads of the relevant executive body and municipality, taking into account necessity of creation of maximum convenience for electors and local and other conditions. If voting stations are created right (just) before the elections (referendum) then they must be established at least 50 days prior to the election day.

34.3. The following requirements must be followed when creating the voting stations:

34.3.1. at most 1500 voters must be registered within the territory of each voting station;

34.3.2. borders of voting stations must not cross the borders of the constituencies.

34.4. Voting stations can be created in the places where voters are temporarily located (hospitals, sanatoriums, rest homes etc.), in remote and difficult to access districts, in the ships that sail on the election day, in conformity with the rules defined by the Central Election Commission and within the period defined by paragraph 2 of this Article. They can be created at least 5 days prior to the election day only in exceptional circumstances defined by the Central Election Commission. Such voting stations shall be included in the single-mandate constituency created within their location or within territory of which the ship is registered.

34.5. Military servants should vote in ordinary voting stations. Rules for transferring citizens of the Republic of Azerbaijan who are in limited military service are defined by the Central Election Commission. Voting stations can be created in the military units located outside of the settlements only in a circumstances if it is needed more than 3 hours to transport military servants by means of public transport to ordinary election precincts. In exceptional circumstances defined by the Central Election Commission voting stations can be created in the military units located outside of the settlements. In such circumstances, voting stations are created within the period defined by the paragraph 2 of this Article, in exceptional cases, they are created at least 5 days prior to the election day by the commanders of the military units in accordance with the decision of relevant Constituency Election Commission. All members of the Precinct and superior election commissions, registered candidates and their representatives, authorized representatives of political parties and blocks of political parties and observers must be created conditions to access working rooms of election commission and voting rooms easily in conformity with the rules defined by this Code.

34.6. Voting stations for organizing voting for voters located in foreign states and counting of these votes shall be created in the territories where these voters reside by the heads of diplomatic representations or consular offices, at least 30 days prior to the election day. Paragraph 3.1 of this Article shall be applied for determination of the number of registered voters in such circumstances.

34.7. List of voting stations, stating their number and borders (if voting station occupies a part of territory of a settlement), list of settlements (if voting station covers several settlements), places of Precinct Election Commission and voting rooms, and telephone numbers of Precinct Election Commission should be published by the Constituency Election Commission at least 45 days prior to the election day. Information about voting stations established within the period considered by paragraphs 4 and 5 of this Article should be published at least 2 days after the day of their establishment.

34.8. Issues on publishing information mentioned in paragraph 7 of this Article about the voting stations established outside of the Republic of Azerbaijan and information to be published should be resolved by heads of relevant diplomatic representations or consular offices. Local conditions should be taken into account.

Article 35. Formation of Precinct Election Commissions

35.1. Precinct Election Commissions, comprising 6 members, are formed by the relevant Constituency Election Commission. If Precinct Election Commissions are established right before the elections (referenda) then they must be formed at least 40 days prior to the voting day.

35.2. Members of the Precinct Election Commission are appointed by the relevant Constituency Election Commission. Members of the Precinct Election Commission cannot be members of any political party.

35.3. 2 members of the Precinct Election Commission shall be presented by the Constituency Election Commission members who represent the political party which has a majority of deputies in the Milli Majlis who have been elected from the nationwide constituency. Another 2 members are nominated by the Constituency Election Commission members who represent the political parties that have a minority of deputies in the Milli Majlis who have been elected from the nationwide constituency. The other 2 members are nominated by the Constituency Election Commission members who represent non-partisan deputies in the Milli Majlis.

35.4. Candidates for membership of the Precinct Election Commission to be represented by political parties shall be nominated by the local branches of political parties that are represented in the Constituency Election Commission. Candidates for membership of the Precinct Election Commission to be represented by non-partisan deputies of the Milli Majlis shall be nominated by initiative group of voters created in accordance with Article 53 of this Code. These candidates must be citizens of the Republic of Azerbaijan who reside within the territory of relevant constituency permanently or mostly.

35.5. If a local branch of a political party does not nominate its candidate to membership of the Precinct Election Commission at least 45 days prior to the election day, that candidate will be nominated by the Constituency Election Commission members who represent non-partisan deputies.

35.6. In the precincts created on the ships that sail under the state flag of the Republic of Azerbaijan,the Precinct Election Commissions are not formed and the captain of the ship assumes the powers of the commission in accordance with the rules defined by this Code.

35.7. Powers of the Precinct Election Commissions created outside of the Republic of Azerbaijanare assumed by heads of relevant diplomatic representation or consular office in accordance with the rules defined by this Code.

35.8. Precinct Election Commission members obtain verification cards in accordance with the rules defined by the Central Election Commission.

35.9. Each registered candidate, political party, block of political parties, initiative groups of voters have the right to appoint one observer to the election precincts from the time voting commences and until the voting results are made official.

35.10. Paragraph 2 of this Article is not applied to the Precinct Election Commissions created within the places where voters are temporarily located and within military units, as mentioned in Article 34.4. and 34.5.

Article 36. Powers of the Precinct Election Commission

36.1. Precinct Election Commission performs the following duties during preparation and conduct of referendum, elections to the Milli Majlis, Presidential elections and elections to municipalities:

36.1.1. informs the public about the address of the Precinct Election Commission, its telephone number, business hours, and also about date of voting and voting station location;

36.1.2. approves and verifies the voters list; displays this list for voters information; examines applications about mistakes and errors on the voters list and makes relevant changes;

36.1.3. ensures preparation of the place for voting as well as ballot box and other equipment;

36.1.4. informs the voters about the issues to be discussed by a referendum, about registered candidates and list of registered candidates;

36.1.5. controls compliance with the rules for election and referendum campaigning within the territory of electoral precinct;

36.1.6. issues de-registration cards for voting;

36.1.7. organizes voting on the election day at the electoral precinct;

36.1.8. determines the voting results for the electoral precinct, counts votes and submits protocols on voting results to the Constituency Election Commission;

36.1.9. examines complaints on violation of this Code within its powers and makes appropriate decision based on complaints;

36.1.10. ensures preservation of documents on preparation and conduct of elections in accordance with the rules approved by the Central Election Commission and of their transfer in accordance with the relevant rules;

36.1.11. performs other duties in conformity with this Code.

Article 37. Organization of the Functions of the Precinct Election Commission

37.1. Members of Precinct Election Commission are informed about conduct of commission’s meeting by the chairperson the Precinct Election Commission at least 12 hours prior to the meeting.

37.2. Chairperson and secretaries of Precinct Election Commission are selected at commission’s first meeting in conformity with the rules mentioned in Article 28.2 of this Code.

37.3. Decisions of the Precinct Election Commission are made as follows during the commission’s meeting:

· by a majority of votes at least 4 members if attended by 6 members;

· by a majority of votes at least 3 members if attended by 5 or 4 members.

37.4. Decisions of the Precinct Election Commission are signed by its chairperson and secretaries. If decisions of the Precinct Election Commission are not signed by the persons mentioned above then they should be signed by members who voted for those decisions.

37.5. Decision of the Precinct Election Commission must be published at latest 12 hour period.

CHAPTER Seven. Transparency During Preparation and Conduct of Elections (Referendum)

Article 38. Transparency in the Activity of the Election Commissions

38.1. Members of election commissions, candidates registered within the relevant constituency and their authorized representatives or on a list or their agents, or agents of referendum campaigning groups, agents of political parties and blocks of political parties have the right:

· to be present in the meetings of any election commission; counting of votes; processing ballot papers, voters lists, de-registration cards for voting, protocols on voting results and voting results and get familiarized with all mentioned above in the Precinct and Constituency Election Commissions;

· to obtain copies of the decisions and other election (referendum) documents (hereafter referred to as election documents) (except for voters lists, copies of de-registration cards for voting, election (referendum) ballot papers (hereafter referred to as ballot papers) signature sheets) of the Constituency and Precinct Election Commissions;

· to observe other election activities.

38.2. Persons mentioned in the paragraph 1 of this Article are not required any additional permission of the election commission for attendance in the meetings and of the relevant election commissions or for becoming familiarized with the documents mentioned above. A relevant election commission ensures free access of persons mentioned in paragraph 1 of this Article to the locations where election documents are being processed and votes are being counted.

38.3. Citizens of the Republic of Azerbaijan having the active suffrage, including the persons mentioned in Article 42 of this Code can act as observers. Only observers who have been registered by the Central Election Commission in accordance with the rules defined by the Central Election Commission for getting the following rights and who have specific permission, have the right to be present in the meetings of the election commission up to the day of election. A registration card issued by the Central Election Commission must contain the numbers of the Constituency and Precinct Election Commissions that are allowed to be observed. Representatives of mass media shall have the right to participate at meetings of election commissions in regard with elections documents and vote counting process.

38.4. The relevant election commission informs the superior election commissions, each registered candidate and his/her authorized representative, agents of political parties blocks of political parties which have registered list of candidates, agents of referendum campaigning groups about the time of processing election documents mentioned above and of election commission meetings in accordance with the rules considered by Article 18.15 of this Code.

38.5. Representatives of interested parties have the right to be present in the elections commission while it is investigating relevant complaints.

38.6. Election commissions inform the public about:

· biography of each candidate registered in accordance with this Code;

· results of registration;

· list of candidates and other information received by the election commission about them;

· results of voting regarding referendum or candidates.

38.7. Persons mentioned in the first paragraph of this Article, as well as observers, including international observers, on the election day, can observe all processes implemented within the electoral precinct, from time the Precinct Election Commission commences work and seals ballot boxes, until protocols on voting results has been received by the superior election commission; they can observe as well as recount of votes.

38.8. Observers, including international observers mentioned in Article 42 of this Code, representatives of the mass media can observe determination of voting results and election (referendum) returns, completion of protocols of voting results and election (referendum) returns, as well as the recount of votes in other election commissions on all levels.

38.9. All election commission members, persons mentioned in paragraph 1 of this Article and observers must be ensured access to voting rooms of the electoral precincts established in military units, hospitals, sanatoriums, rest homes and other places where people are temporarily located as well as voting rooms of voting stations.

38.8. Registered candidates, political parties and blocks of political parties with registered list of candidates, referendum campaigning groups, each initiative group of voters can appoint an observer to the relevant Precinct Election Commission, in conformity with the rules defined by this Code, to observe the process in the voting room on the election day or during early voting, within the period mentioned in paragraph 5 of this Article.

38.9. An observer must have a written document containing his/her surname, name, father’s name, address, number of election commission and voting station he/she is assigned to, and approved by the registered candidate, political party, block of political parties, referendum campaigning groups whose interests the observe represents. This document is valid only if it is supported by an identification card or other substitute document. Advance information about observer’s visit is not required.

38.10. Documents mentioned in paragraph 6 of this Article can be submitted to the relevant election commission any time starting from when a relevant election commission has its first meeting, until the time of completion of protocols on voting results and election (referendum) returns, including completion of protocols on results of the recount of votes.

Article 39. Principles of Observation

39.1. Observation must be based on the following principles:

39.1.1. it must be objective and non-partisan;

39.1.2. all circumstances and facts regarding the activities to be observed must be taken into consideration;

39.1.3. it must be open;

39.1.4. it must be in accordance with truth.

Article 40. Observers’ Rights and Duties

40.1. Observers, including international observers have the following rights:

40.1.1 to become familiar with voters lists;

40.1.2. to be present in the voting room of the relevant electoral precinct any time within the period mentioned in Article 38.7 of this Code;

40.1.3. to observe the issuance of ballot papers to voters;

40.1.4. to observe voting outside of voting stations;

40.1.5. to observe number of voters, count of ballot papers and cancelled ballot papers;

40.1.6. to look through the marked and unmarked ballot papers during the vote count in a condition ensuring observation of vote count and from certain distance; to become familiar with the documents mentioned in Article 37.6 of this Code, with election commission’s protocols on voting results and election (referendum) returns and with other documents;

40.1.7. to apply to the chairperson of the Precinct Election Commission regarding suggestions and comments about organization of voting, if he/she is not available, to a person who assumes the chairperson’s powers;

40.1.8. Starting from the commencement of election commission’s activity on the voting day and the ballot boxes are sealed and till the reception of protocols on voting results by election commissions, to make or obtain copies of protocols on voting results and election (referendum) returns, documents and attached documents prepared by election commissions within the period mentioned in Article 38.7 of this Code after fee defined by the Central Election Commission is paid; to become familiar with the list of voters vote; election commission must verify copies of the above mentioned documents at the request of an observer or provide the observer with verified copies of these documents after relevant fee has been paid.

40.1.9. to file complaints about actions (lack of actions) or decisions of the Precinct or other election commissions directly with superior election commissions or the court;

40.1.10. to be present during the recount of votes in the relevant election commissions.

40.2.1. The observer is prohibited:

40.2.2. to issue ballot papers to voters;

40.2.3. to sign a receipt of a ballot paper on behalf of a voter who requests it;

40.2.4. to mark a ballot paper on behalf of a voter who requests it;

40.2.5. to participate directly in the counting of ballot papers together with the commission members with decisive voting right;

40.2.6. to obstruct the work of an election commission;

40.2.7. to conduct election campaign among the voters;

40.2.8. make actions or calls directed to supporting any candidate or political party or make actions or calls that can be understood as support of candidate or political party;

40.2.9. to participate in making decisions by the relevant election commissions.

40.3. The chairperson or members with decisive voting right and secretary who assumes relevant powers can verify copies of protocols and other documents of election commissions. In such cases the above mentioned person first records “matches with original” on a copy, then signs it, verifies with the stamp of the election commission and puts date of verification. Persons mentioned in Article 38.1 of this Code should pay the fees defined by the Central Election Commission for obtaining verified copy of the document.

40.4. Commission members with a consultative voting right who are present during voting and vote count processes in the voting station, observers, representative of the mass media and other persons mentioned in Article 38.1 of this Code must have badges which do not campaign and which show the status of representation. Samples of such badges must be issued by the Central Election Commission.

Article 41. Representatives of the Mass Media

Representatives of the mass media can:

· get familiarized with protocols on voting results and election (referendum) returns and with decisions of all elections commissions;

· make or obtain copies of election commission’s decision, protocol or document to be attached after the fee defined by the Central Election Commission has been paid.

Election commission must verify copies of decisions, protocols on voting results and election returns at the request of the representatives of the mass media.

Article 42. International (foreign) Observers

42.1. International (foreign) observers (hereafter referred to as international observers) receive permission from the relevant executive authority bodies for coming to the Republic of Azerbaijan in accordance with the rules defined by legislation and on the basis of invitation and they shall be registered by the Central Election Commission.

42.2. The Milli Majlis, relevant executive authority bodies and the Central Election Commission can invite them after a decision on determination of elections has been officially published.

42.3. Proposals on inviting international observers can be made by international, government and non-government organizations which have reputation in the field of protection of citizens’ rights and freedom.

42.4. The Central Election Commission issues a specific verification card to the international observer based on the documents submitted by him/her. This card allows the international observer to function in accordance with Articles 38-40 of this Code during preparation and conduct of elections.

42.5. The term of authority of the international observer commences from the time he/she is registered by the Central Election Commission and finishes on the day general results of the elections are officially published.

42.6. The international observer functions independently and freely, his/her activity is financed by the organization assigned him/her or from his/her personal funds.

42.7. The international observer is under the protection of the State while he/she is within the territory of the Republic of Azerbaijan. Election commissions, state government bodies and municipalities are obliged to render necessary assistance to them.

42.8. The international observers can conduct press conferences on election legislation, preparation and conduct of elections and make statements to the mass media after the election day.

42.9. The international observers have the right to meet with candidates, registered candidates, authorized representatives of political parties, blocks of political parties, referendum campaigning groups, agents of registered candidates, political parties, blocks of political parties, referendum campaigning groups.

42.10. The international observers cannot use their status for activities not related to election campaign, preparation and conduct of elections.

42.11. The Central Election Commission can cancel the registration of the international observer if he/she violates laws and international legal norms.

CHAPTER Eight. Voters (citizens who have the right to participate in referendum) Lists

Article 43. Compilation of Voters (citizens who have the right to participate in referendum) Lists

43.1. Voters (citizens who have the right to participate in referendum) lists (hereafter referred to as voters lists) for a precinct are approved by the Precinct Election Commission in conformity with the format defined by the Central Election Commission on 10^th of March of each year and they are specified at least 35 days prior to the election day. Any additions and amendments to voters’ list on the voting day cannot be made.

43.2. Voters lists include information on voters who have active suffrage provided by heads of the relevant executive authority bodies and municipalities, commanders of military units as well as by heads of the enterprises where voters are temporarily located.

43.3. Voters lists of the precincts established in remote and difficult to access districts are specified by the Precinct Election Commission on the basis of information on voters provided by heads of relevant executive authority body and municipality at least 25 days prior to the election day, in exceptional circumstances 2 days after the Precinct Election Commission has been formed.

43.4. Voters (military servants of military unit, military servants’ family members who reside within the territory of military unit and other voters) lists for the precincts established within the territory of military units are specified by the Precinct Election Commissions on the basis of information on voters provided by the commanders of military units at least 25 days prior to the election day.

43.5. Voters lists for the precincts where voters are temporarily located (hospitals, sanatoriums, rest homes and other temporary places), ships that are sailing on the election day are approved by the relevant Precinct Election Commission on the basis of information on voters provided by heads of the offices where voters are located temporarily, captain of the ship at least 5 days prior to the election day.

43.6. Voters lists for electoral precincts created outside of the Republic of Azerbaijanare approved by relevant Precinct Election Commission on the basis of information on voters provided by heads of the diplomatic representation and consular office of the Republic of Azerbaijanat least 25 days prior to the election day.

43.7. Officials mentioned in paragraphs 2-6 of this Article collect and specify information on voters in accordance with the rules defined by the Central Election Commission and then submit it to the Precinct Election Commission at least 35 days prior to the election day, if no other rule is not provided by this Code.

43.8. Voters lists are prepared in 2 copies. Information on voters who have been included in the voters lists should be in alphabetical or in other order (according to settlements, streets, houses, apartments). The voters lists contain the voter’s name, surname, father’s name, year of birth (for those who are 18 years old – date and month of birth), permanent address or address of a place where the voter mostly resides.

43.9. State Automated Information Systems can be used while compilation of voters lists. The voters lists shall be prepared in a typewritten format. Only in the exceptional circumstances defined by the Central Election Commission, they can be written by hand.

43.10. The first copy of the voters list prepared in conformity with the paragraph 2 of this Article is preserved by the Precinct Election Commission, a relevant act is made on this. The second copy is transferred to the Constituency Election Commission not later than 20^th of January of each year, but at least 25 days prior to the election day, and it is used in conformity with the rules defined by the Central Election Commission. Voters lists for the constituency are signed by the chairperson and secretaries of the Constituency Election Commission and verified with the stamp of the election commission.

43.11. Voters lists for the electoral precincts created in conformity with Article 34.4-6 of this Code are signed by chairperson and secretaries of the Precinct Election Commission and verified by the stamp of the commission.

43.12. Precinct Election Commissions, after they specify voters lists, examine and consider the changes to be made on the voters lists at the requests of voters or changes necessary to be made in conformity with Article 45 of this Code. They also make investigation on the basis of relevant documents submitted by the officials, municipalities, civilian registration offices and bodies which register citizens’ addresses and place of residence.

43.13. A person who provides information on voters bears responsibility defined by legislation for the accuracy, completeness and timely provision of the relevant information.

Article 44. Rules for Citizens’ Inclusion In and Exclusion from Voters List

44.1. All citizens of the Republic of Azerbaijan who have active suffrage shall be included in the voters lists.

44.2. Residence of a voter or the fact that a voter is residing permanently or mostly within the territory of relevant electoral precinct (residing in precinct territory at least 6 months out of 12 months prior to announcement of elections) defined by the body which registers residence is sufficient basis for inclusion of voter in the voters list for the relevant precinct.

44.3. Military servants who reside outside of the military unit are included in the voters list on a common basis for their place of residence. Basis for inclusion of military servants, their family members in a military unit and other voters who reside within the territory of the military unit in the voters list is the fact of permanent of mostly place of residence defined by the bodies which register place of residence of the citizens of the Republic of Azerbaijan or defined by order of the commander of a military unit on inclusion of persons in the military staff who are in military service.

44.4. The basis for inclusion of citizens of the Azerbaijan Republic residing outside the Republic of Azerbaijan and those who are on a long-term foreign business trip in the voters list is the fact that a person is residing outside of the Republic of Azerbaijan permanently or mostly or the fact that a voter is on a long-term business trip as determined by the diplomatic representation or consular office of the Republic of Azerbaijan.

44.5. Voters who are in hospitals, sanatoriums, rest homes and other temporary places of residence are included in the voters lists on the basis of a de-registration card for voting, identification document or other substitute document.

44.6. Citizens of the Republic of Azerbaijan, who have active suffrage and who are in foreign countries, are included in the voters list on the basis of their identification document or substitute document and de-registration card for voting when they come to the voting station.

44.7. Voters who are residing within the territory of the electoral precinct or who have not been included in the voters list for any reason are included in the voters list by the Precinct Election Commission on the basis of their passport or other substitute document, after the voters list has been submitted for public display. If necessary, other documents which confirm that the voter lives mostly within the territory of that electoral precinct may be required.

44.8. A voter can be included in the voters list for one precinct only.

44.9. After voters lists are approved, a voter can be excluded from the voters list on the basis of official documents as well as on a de-registration card for voting issued to the voter in conformity with the rules defined by this Code. In such circumstances, date and reason for exclusion of voter from the voters list must be recorded in the voters list. This fact shall be verified by the signatures of chairperson and secretaries of the Precinct Election Commission. When issuing de-registration card for voting it shall be verified with the signature of the commission members who issues it.

Article 45. Public Display of Voters Lists

45.1. The Precinct Election Commission submits the voters lists for public display and for additional verification by informing the voters at least 35 days prior to the election day and creates relevant conditions for that. The voters lists must be displayed outside of the voting room, on boards, in a convenient place for voters to see and to have access to it.

45.2. A citizen of the Republic of Azerbaijan who has active suffrage can inform about he/she is not included in the voters list, about mistakes and errors he/she has found in the voters list. The Precinct Election Commission must check submitted application and documents regarding the voter’s information within one day from when it is received, on the election day – immediately but before voting is terminated; correct mistake or error or must provide the voter with written document containing reason of rejection of voter’s application.

45.3. A complaint about a decision of the Precinct Election Commission on citizen’s inclusion in or exclusion from the voters list can be filed with the superior election commission or with the court which located within the territory of electoral precinct. Such complaint must be investigated within a 3 day period. It must be investigated immediately if three days are remaining to the election day or on the election day. If the decision is in favour of the claimant, the Precinct Election Commission must make the relevant changes to the voters list immediately.

CHAPTER Nine. Basis for Participation of Political Parties and Blocks of Political Parties in Elections (Referendum)

Article 46. Terms for Possibilities of Political Parties to Participate in Elections

46.1. A political party which:

· is established in conformity with the legislation of the Republic of Azerbaijan;

· has obtained a defined certificate on registration from a relevant executive authority at least 6 months prior to the announcement of the election day;

· intends to participate in the elections

shall be registered by the Central Election Commission.

46.2. A political party shall be registered within 3 days starting the date of a political party submitted its decision on participation in the elections to the Central Election Commission.

46.3. A document on registration of a political party is presented to an authorized representative who represents the political party and has power of attorney verified in conformity with the rules defined by legislation.

46.4. Political parties and blocks of political parties participate in the elections in conformity with the rules defined by this Code and equally.

Article 47. Participation of a Political Party (block of political parties) in Referendum

Political parties create referendum campaigning groups for or against the issues to be discussed by referendum and can participate in referendum to campaign via the groups mentioned above.

Article 48. Principles of Participation of Political Parties (block of political parties) in Elections (referendum campaigning)

48.1. Political party (block of political parties) which participate in elections (referendum campaigning) must follow the following principles:

48.1.1. to respect right of other political parties (block of political parties) to freely and independently express views during election (referendum) campaign;

48.1.2. to respect rights of other political parties (block of political parties), voters and public organizations;

48.1.3. to respect freedom of press;

48.1.4. to create all necessary conditions, within the possibilities, for other political parties for establishing free communication with voters;

48.1.5. to ensure voters who intend to participate in political activities with free conduct of those activities;

48.1.6. not to obstruct professional activities of representatives of the mass media; not to violate or breach election (referendum) campaign of other parties;

48.1.7. not to obstruct distribution of election campaign materials, referendum campaign materials of other parties (block of political parties) and candidates;

48.1.8. not to destroy or to spoil election campaign posters, referendum campaign posters and other campaigning materials of other parties (block of political parties) and candidates;

48.1.9. not to obstruct pre-election (pre-referendum) mass activities of other parties;

48.1.10. to cooperate with election (referendum) bodies and their officials for conduct of free, peaceful and organized elections;

48.1.11. not to obstruct the voters to express their will freely;

48.1.12. to respect authorized persons and observers and to cooperate with them;

48.1.13. to follow secrecy of voting and to assist in maintaining it;

48.1.14. not to win over voter to its side by illegal activities;

48.1.15. not to interfere activities of authorized persons, election (referendum) commissions groundlessly; no to violate process of voting and vote count;

48.1.16. to accept legally approved results of elections (referendum), to present each complaint regarding the elections (referendum) to authorized body and to observe the decision of that body regarding the relevant complaint;

48.1.17. not to make speeches which intimidate, slander or call upon violence or distribute materials of this content;

48.1.18. not to use its political influence for offering any rewards or for intimidating with punishment;

48.1.19. not to use state, municipal or other public resources in circumstances not established in this Code;

48.1.20. not to provoke voters to vote for or against a definite party (block of political parties) or candidate by using pressure or offering presents or by other methods that contradict the legislation or not to provoke the voters not to vote;

48.1.21. not to make voters self-nominate or not self-nominate, withdraw or not withdraw their candidacy by using pressure or offering presents or by other methods that contradict the legislation;

48.1.22. not to use assistance or activities rendered by any official for supporting or not supporting the candidate.

48.2. Follow of the principles mentioned by paragraph 1 of current Article by the political parties (block of political parties) is voluntary, except compulsory circumstances defined by the laws of the Republic of Azerbaijan.

Article 49. Block of Political Parties

49.1. At least two political parties registered in accordance with Article 46 of this Code can create block of political parties. If a political party is a member of the block, it cannot function as an independent political party or join another block during the conduct of elections. A decision on joining the block of political parties is made in conformity with the charter of each political party which intends to join the block of political parties. After a relevant decision is adopted, authorized representatives of political parties sign joint decision on establishment of the block.

49.2. An authorized representative of the block of political parties submits the following documents to the Central Election Commission for registration:

49.2.1. copies of charters of political parties which included in the block, verified by the notary office;

49.2.2. decisions of political parties on joining the block;

49.2.3. a joint decision on establishment of a block signed by the authorized representatives of political parties and verified by the stamp of those parties.

49.3. Blocks of political parties must be registered within 5 days starting from the day they submit relevant documents to the Central Election Commission.

49.4. Blocks of political parties can be refused registration if:

· documents mentioned in paragraph 2 of current Article are not formally prepared or they are not complete;

· political parties included in the block of political parties do not meet the requirements of Article 46 of this Code.

49.5. No other political party can be included in the block of political parties after the latter has been registered by the Central Election Commission.

Article 50. Name and Emblem of Block of Political Parties

50.1. The block of political parties submits information about its full and abbreviated name to the Central Election Commission.

50.2. The name of the block of political parties is defined in the joint meeting of representatives of political parties which joined that block. Names of political parties which are not included in that block (regardless of whether they participate in the elections or not) or of other political parties that participated in previous elections cannot be used. If a new registered block of political parties does not include a majority of political parties that joined the block during previous elections, a newly established block cannot be named by its previous name. Name or surname of a physical individual can be used by the block of political parties on the basis of that individual’s written consent.

50.3. A block of political parties can also submit its emblem to the Central Election Commission. A block of political parties can submit any emblem except for registered emblem of any political party that is included in the block or the same emblems used by other political parties and blocks of political parties for previous or being used for current elections (taking into consideration paragraph 2 of this Article). Symbols of the block of political party must not:

· violate intellectual property rights, trademark rights;

· insult state symbols of the Republic of Azerbaijan or other countries, religious symbols;

· violate common accepted moral norms.

The block of political parties must make agreement with the Central Election Commission usage of block’s name, which cannot contain more than 5 words and its emblem in the election documents.

50.4. It is not allowed to change the names and emblems of blocks of political parties during the election processes.

Article 51. Authorized Representatives of a Political Party and a Block of Political Parties

51.1. Political parties and blocks of political parties appoint authorized representatives for participation in elections and for financial issues, in conformity with this Code.

51.2. The authorized representatives are appointed due to the decision of joint meeting of relevant political parties included in the block or representatives of political parties, or to the decision of their congress, conference or meeting of a managing body.

51.3. The authorized representative of a political party and block of political parties performs his/her functions on the basis of decision considered by paragraph 2 of this Article which contains the following:

· his/her powers;

· his/her name, surname, father’s name, date of birth;

· the serial and batch number of his/her identification document or substitute document;

· address of residence;

· working place, occupation or official duty (service job) (if he/she does not have them – type of activity).

The authorized representative of a political party of block of political parties on financial issues performs his/her functions on the basis of decision considered by paragraph 2 of this Article which contains the following:

· samples of financial documents;

· samples of stamps for those documents.

51.4. The list of authorized representatives appointed by political parties and blocks of political parties shall be submitted to the Central Election Commission. Except for the authorized representatives of political parties and blocks of political parties on financial issues, the list of other authorized representatives is submitted to the Constituency Election Commission as well. The list of authorized representatives and blocks of political representatives must contain the following information upon each authorized representative:

· name, surname, father’s name, birth date;

· serial and batch number of identification document or substitute document and date of issue;

· address of residence;

· main working place and occupation (if he/she does not have them – type of activity);

· telephone number.

The relevant list submitted to the Central Election Commission must be attached a written consent to be an authorized representative of each person.

51.5. Powers of representative can be terminated by the decision of authorized body of political parties and blocks of political parties, informing in writing. Copy of the decision on that must be transferred to the Central Election Commission.

51.6. The authorized representatives of political parties and blocks of political parties who are still working for government or municipality cannot use their occupation or service position during the elections processes.

51.7. Term of office of the authorized representatives of political parties and blocks of political parties commences from the day they are appointed and ends by the finish of status of candidacy of all candidates as well as candidates listed in the list nominated by political parties and blocks of political parties not later than general results of elections are officially published.

CHAPTER Ten. Nomination and Registration of Candidates During the Elections

Article 52. General Conditions for Nomination of Candidates During the Elections

52.1. Candidates can be nominated by voters or self-nominated during the elections. Candidates (list of candidates) can be nominated by political parties and blocks of political parties as well.

52.2. Nomination of candidates is possible after the following documents are submitted to the relevant Election Commission:

· person’s consent to participate in the elections as a candidate;

· application on termination of activities incompatible with the elected post in elective government or municipal bodies.

A notification on start of collecting necessary signatures must be submitted to the relevant election commission at the same time of submission of abovementioned application.

Article 53. Nomination of Candidates on Their Own Initiative or Directly by Voters

53.1. Nomination of candidates is possible with the following conditions:

· self-nomination or nomination by voters who have active suffrage;

· submission of notification on collection of necessary signatures in support of candidate within their territory and on intention of registration of candidate.

53.2. Candidate or initiative group of voters which nominates a candidate notifies the relevant election commission on his/her/its initiative in writing. The notification must contain the following about each initiator and candidate:

· name, surname, father’s name, birth date;

· address of residence;

· serial and batch number of identification or substitute document

as well as the following about nominated candidate:

· name, surname, father’s name, birth date;

· main working place or official duty (service job) (if he/she does not have them – type of activity);

· address of residence.

53.3. An application containing written consent of candidate on undertaking to terminate activities which are incompatible with the elected post in elective government or municipal bodies must be submitted together with the notification mentioned in paragraph 2 of this Article. This application contains information about his/her biography (name, surname, father’s name, birth date, address of residence, education, main working place or official duty (service job), (if he/she does not have them – type of activity)). If candidates have sentence which is not served or cancelled, name and number of the relevant Article of the Criminal Code of the Republic of Azerbaijan must be recorded in their application. If a candidate has committed an action abroad which imposes a criminal liability and if the same action imposes liability established by the Criminal Code of the Republic of Azerbaijan, the application must contain name of the relevant law of the foreign country. The application of the candidate must also contain information about candidate’s citizenship of the Republic of Azerbaijan as well as information about if a candidate has foreign citizenship or obligations in foreign countries.

53.4. A candidate can include information in the application on the basis of document which certifies his/her party affiliation, the party which was registered at least 6 months before the date of determination of the election day. In such circumstances a candidate comes to an agreement with the relevant election commission about naming his/her political party with not more than 5 words.

53.5. The relevant election commission must inform the candidate and initiative group of voters in writing about receipt of submitted documents, in conformity with the requirements of this Article.

53.6. The relevant election commission examines submitted documents within a 5 day period and makes a decision to the candidate or his/her authorized representative certifying nomination from the relevant constituencies. The relevant election commission cannot refuse from receipt of submitted documents.

53.7. Basis for refusal from submission of decision which certifies nomination of candidate can only be:

· documents mentioned in paragraphs 2-3 of this Article are not formalized as required;

· violation of rules for nomination of candidates defined by this Code.

Article 54. Nomination of Candidates by Political Parties and Blocks of Political Parties

54.1. A political party makes a decision on nomination of candidate (list of candidates) in conformity with the charter of the political party. Such a decision must be made by voting, in a collegial order.

54.2. A candidate (list of candidates) nominated by block of political party shall be approved by each political party which is included in the block. A decision on nominating candidates (list of candidates) by the blocks of political parties is made in the meeting (congress, conference, meeting of managing body) of representatives of political parties. Authorized representatives who shall have the powers to make a decision on approval of candidate (list of candidates) nominated during the meeting of representatives of political parties included in the block of political parties will be determined during the congress (conference, meeting of managing body) of political parties.

54.3. The decision of political party and block of political party on nomination of a candidate (list of candidates) is formalized by the minutes. The minutes contain the following:

54.3.1. number of registered participants to take part in the meeting (congress, conference, meeting of managing body);

54.3.2. number of participants required for adoption of decision considered by the agreement on creation of block of political parties;

54.3.3. decision on nomination of candidates and results of voting for this decision;

54.3.4. date of adoption of a decision.

54.4. A political party, block of political parties and a political party included in the block of political parties can nominate persons who are not members of relevant political party.

54.5. Authorized representatives submit the documents on candidates (list of candidates) nominated by political parties and blocks of political parties to the relevant election commission. These documents contain the following information about each candidate:

· name, surname, father’s name, date of birth;

· education;

· main working place or official duty (if he/she does not have them – type of activity);

· address of residence;

· party affiliation with his/her own consent;

· status or legal status in the political party.

Names (lists) of candidates are submitted in a format defined by the Central Election Commission, in typing or in another manner which can be read by machine.

54.6. Together with the names (lists) of candidates, the authorized representatives of the political party submits the following documents.

54.6.1. copy of certificate on registration of political party verified by notary office;

54.6.2. copy of charter in effect of political party verified by notary office;

54.6.3. decision of congress (conference, meeting of managing body) on nominating candidates and minutes of relevant meeting;

54.6.4. power of attorney of authorized representatives of political parties, formalized in conformity with the rules defined by this Code.

54.7. Together with the names (lists) of candidates, the authorized representatives of the block of political parties submits the following documents:

54.7.1. decisions of congresses (conferences, meetings of managing bodies) of political parties included in the block of political parties on nomination of candidates and minutes of relevant meeting;

54.7.2. decision, made at the meeting (congress, conference) of the representatives of political parties included in the block of political parties, on nomination of single list of candidates on behalf of block of political parties and minutes of relevant meeting;

54.7.3. power of attorney of authorized representatives of block of political parties issued in conformity with the rules defined by this Code.

54.8. The authorized representative of political party and block of political parties submits documents mentioned in paragraphs 1-3 of this Article together with the candidate’s application which contains:

· undertaking to terminate activities incompatible with the position if he/she is elected;

· consent to be nominated as a candidate.

This application must also contain candidate’s:

· surname, name, father’s name, date of birth;

· address of residence;

· education;

· main working place or official duty including occupation (if he/se does not have it – type of activity);

· party affiliation with candidate’s own consent, if the party is registered 6 months prior to the date of determination of the election day.

If candidates have a sentence which is not served or cancelled, name and number of the relevant Article of the Criminal Code of the Republic of Azerbaijan must be recorded in their application. If a candidate has committed an action abroad which imposes a criminal liability and if the same action provides for liability established by the Criminal Code of the Republic of Azerbaijan, the application must contain name of the relevant law of the foreign country. The application of the candidate must also contain information about candidate’s citizenship of the Republic of Azerbaijan as well as information about if a candidate has foreign citizenship or obligations in foreign countries. If a candidates have a sentence which is not served or cancelled, this information must be recorded in the list.

54.9. The relevant election commission examines the submitted document within 5 days period and makes a decision to the authorized representatives of political parties and blocks of political parties on approval of candidates (list of candidates) nominated for relevant constituency or on refusal from approval of candidates (list of candidates), which is based on evidence. The relevant election commission cannot refuse the receipt of submitted documents.

54.10 The basis for refusal for submission of verified copy of names (list) of candidates to political party and block of political party can only be:

· documents mentioned in paragraphs 1-4 of this Article are not formalized as required;

· violation of rules for nomination of candidates defined by this Code.

54.10. The Central Election Commission and Constituency Election Commissions must create conditions for receipt of information about relevant nominated candidates.

Article 55. Ensuring Equal Status for Candidates During their Nomination

55.1. Except the circumstances defined by this Code, all candidates have equal rights and obligations. Candidates who occupy government or municipal positions are prohibited from abusing their position for getting superiority.

55.2. The following actions are considered an abuse of position or official duty for getting superiority by this Code:

55.2.1. to engage state or municipal officials who are subordinate employees with an activity which assists to be nominated as a candidate or to be elected as a deputy during their business hours;

55.2.2. to use buildings, where state bodies or municipalities are located, for the activities assisting to nominate a candidate or to be elected if other candidates or registered candidates cannot use them with the same conditions;

55.2.3. to use communication, information and telephone services which ensure activities of state bodies, state organizations or municipalities for the purposes of collecting signatures and election campaigning;

55.2.4. to use transport, which is state or municipal property, free of charge or with privileged conditions for the activities assisting to be nominated or to be elected (above mentioned circumstances do not concern the persons who use transport in conformity with the legislation of the Republic of Azerbaijan on state protection);

55.2.5. to involve state or municipal officials in collecting signatures or election campaigning during the period of their business trip;

55.2.6. to use mass media mentioned in Article 78.1 of this Code for collecting signatures or election campaigning with privileged conditions.

55.3. The following cannot implement charitable activates during the election campaigning processes:

· candidates;

· political parties and blocks of political parties which have nominated list of candidates;

· authorized representatives of political parties and blocks of political parties; as well as their founders, owners and proprietors;

· legal entities who are persons or organizations mentioned above;

· other physical or legal entities that are functioning on the request or task of persons mentioned above.

Persons and organizations mentioned above are prohibited to offer rendering financial and material assistance to other physical and legal entities, rendering financial and material assistance or services to voters or organizations. Physical and legal entities are prohibited from implementing charitable activities on behalf of political parties, blocks of political parties, their authorized representative and candidates or with the purposes of supporting them.

Article 56. Conditions for Collecting Voters Signatures in Support of Candidates (list of candidates)

56.1. Collection of signatures in support of candidates nominated by initiative groups of voters or self-nominated candidates starts from the day a relevant election commissions are informed about this in conformity with the rules defined by this Code. Collection of signatures in support of candidates (list of candidates) nominated by political parties and blocks of political parties from the date a decision mentioned in Article 54.9 of this Code has been adopted.

56.2. Signatures in support of candidates (list of candidates) must be collected within the area they have been nominated.

56.3. Signature sheets are prepared in a format attached to this Code. Each signature sheet must contain the following information about the candidate:

· working place or official duty (if he/she does not have them – type of activity);

· address of residence;

· name and number of constituency he/she has been nominated for.

If a candidate has a sentence which is not served or cancelled, name and number of the relevant Article of the Criminal Code of the Republic of Azerbaijan must be recorded in the signature sheet. If a candidate has committed an action which imposes a criminal liability and if the same action imposes liability considered by the Criminal Code of the Republic of Azerbaijan, the signature sheet must contain name of the relevant law of the foreign country.

56.4. The signature sheet may also contain name of the political party which has been recorded in the candidate’s consent to be a candidate.

56.5. If a political party or a block of political parties collect signatures in support of a candidate within the relevant constituency, besides information about the candidates the signature sheet may contain name of a political party or a block of political parties which has nominated the very candidate; name of a political party and candidate’s status in the political party if his/her application contains such information. A person who shall collect signatures for a list of candidates must present a copy of the list of candidates verified by the Central Election Commission at the request of a voter.

Article 57. Rules for Collecting Signatures in Support of Candidates (list of candidates)

57.1. State bodies, municipalities and legal entities regardless their form of property are prohibited from participating in collection of signatures. It is prohibited to make voters sign the signature sheet or to pay any kind of rewards to them during signature collecting processes. If non observance of this prohibition is approved by a relevant court, it can be basis for:

· considering the collected signatures invalid;

· refusal from or cancellation of registering a candidate, registration of candidates, registration of a list of candidates and registered list of candidates.

57.2. A citizen of the Republic of Azerbaijan who is 18 years old and has active suffrage can collect voters’ signatures. A candidate, political party and block of political parties can sign an agreement on collecting signatures with a person who shall collect voters’ signatures. Payment for this job can be paid only from the election fund of a candidate, political party and block of political parties.

57.3. Signatures in support of candidates (list of candidates) can be collected in educational institutions, residential areas as well as other places which are not prohibited to conduct election campaign by the law.

57.4. A voter has the right to sign only once in support of a candidate or list of candidates (except the case mentioned in Article 216 of this Code), in accordance to his/her will. A voter records the following information upon signing the signature sheet:

· name, surname, father’s name, date of birth;

· address of residence;

· serial and batch number of identification or substitute document; date of issue;

· date of signing the signature sheet.

Information about the voters required to be recorded can be recorded on the signature sheets by a person who collects signatures. Information mentioned above shall be recorded in handwriting.

57.5. While colleting signatures in support of candidates (list of candidates), each signature sheet must contain the following information about the candidate (first 3 candidates in the list of candidates):

· name, surname, father’s name, birth date;

· main working place or official duty, occupation (if it does not exist - type of activity).

If the candidate (candidates) has a sentence which is not served or cancelled, name and number of the relevant Article of the Criminal Code of the Republic of Azerbaijan must be recorded in the signature sheet. If a candidate has committed an action abroad which imposes a criminal liability and if the same action imposes liability considered by the Criminal Code of the Republic of Azerbaijan, the signature sheet must contain name of the relevant law of the foreign country and name (number) of the constituency.

57.6. While collecting voters’ signatures in support of a candidate (list of candidates), the signatures can be recorded on front or reverse side of signature sheets. In such cases, the reverse side of the signatures sheets is considered a continuation of the front page and verifying signatures are recorded on the reverse side.

57.7. A signature sheet is signed by a person who collected the signatures and by a candidate after collection of signatures has been completed. Before signing the signature sheet, a person who collected them records the following information about him/her:

· surname, name, father’s name;

· address of residence;

· serial and batch number of identification or substitute document; date of issue.

The signature sheet contains also a candidate’s surname, name, father’s name and date of signing.

57.8. A signature sheet is signed by a person who collected signatures in support of list of candidates and by an authorized representative of a political party or block of political parties after collection of signatures has been completed. Before signing the signature sheet, a person who collected them records the following information about him/her:

· surname, name, father’s name;

· address of residence;

· serial and batch number of identification or substitute document; date of issue.

Relevant authorized representative records his/her surname, name, father’s name and date of signing.

57.9. After a political party, block of political parties and initiative group of voters which has nominated a candidate informs the relevant election commission about nomination of the same candidate in writing, they can collect necessary number of signatures in support of the candidate together. In such cases, it is not allowed to bring together voter’s signatures in support of the candidates collected by different person.

57.10. Initiators of the nomination of a candidate, authorized representatives of a candidate, political party or block of political parties shall count the number of voters’ signatures collected in support of the nominee, draw up and sign the protocol on results of collection of voters’ signatures.

57.11. After signatures in support of list of candidates have been collected, authorized representatives of political parties and block of political parties calculate the total number of signatures. A protocol on results of calculations of signatures shall be drawn up and signed by the authorized representatives of political party, block of political parties.

57.12. The number of voters signatures on signature sheets submitted to the election commissions should not exceed 15% than the required number defined by this Code.

57.13. Signature sheets submitted to relevant election commissions should be numbered and paged. Signature sheets in support of list of candidates should be paged in the form of a folder.

Article 58. Submission of election documents for registration of a candidate (list of candidates)

58.1. For registration of nominated candidates, authorized representatives of the candidates, political party and block of political parties shall submit the following documents to the relevant constituency election commission at earliest 55 days and at latest 35 days prior to the voting day before 1800:

58.1.1. signature sheets, which include voters signatures in support of candidates;

58.1.2. 2 copies of protocols on results of collecting signatures prepared in a form defined by the Central Election Commission;

58.1.3. notification on changes made to the information about the candidates, submitted according to the Articles 53.3. and 54.8. of this Code;

58.1.4. information on the amount and sources of candidate’s income;

58.1.5. information on the candidate’s property on the basis of ownership right;

58.1.6. candidate’s initial financial report (including information on funds spent for organization of collection of voters signatures).

58.2. Authorized representatives of political party and block of political parties should submit the following documents to the Central Election Commission at earliest 105 and at latest 55 days prior to the election day before 1800 for registration of list of candidates:

58.2.1. signature sheets, which include voters signatures in support of a list of candidates;

58.2.2. 2 copies of protocols on results of collecting signatures prepared in a form defined by the Central Election Commission;

58.2.3. information on changes made later to the copies of a list of candidates submitted before in accordance with the Articles 54 of this Code;

58.2.4. information on amount and sources of income of each candidate;

58.2.5. information on property of each candidate, on the basis of ownership right;

58.2.6. initial financial report of political party and block of political parties (including information on funds spent for organization of collection of voters’ signatures).

58.3. Information on amount and sources of income of the candidate for the period of the previous one year should be submitted in a format defined by the Central Election Commission starting from the day of determination of the Election Day. At the same time, a reference on summary of annual income from the income source organizations should be submitted. Information on property owned by the candidate should be submitted in a form mentioned “Annex #4”. The Central Election Commission shall define the list of information of candidate’s property and income to be published.

58.4. When receiving election documents, election commissions shall approve each folder containing signature sheets with their stamp, check if number of submitted signature sheets match with the number recorded in the protocol on results of collecting signatures, then having recorded the date and time of their receipt and provide the candidate, authorized representatives of political party and block of political parties with a reference on receipt of election documents with indication of number of the signature sheets and number of announced signatures. If above-mentioned persons submit relevant documents to relevant election commission before the time mentioned in the paragraphs 1-2 of this Article, they cannot be refused receipt of documents; authorized representatives of a candidate, political party and block of political parties cannot be obstructed to enter a relevant building.

58.5. A bank document on transfer of voluntary registration deposit at the amount of 25% of the relevant election fund’s threshold to the account of the election commission carrying out the registration can be presented to the relevant election commission when submitting the election documents for registration of a candidate (list of candidates). Cases of return of the registration deposit by the election commission is determined by Article 60.3 of this Code.

Article 59. Checking accuracy by Election Commissions of signature sheets and documents submitted by candidates, political parties, block of political parties

59.1. The relevant election commission shall check correctness of the information in the documents defined by this Code and in the signature sheets of each candidate and whether the information of nominating the candidates in compliance with the requirements of this Code. According to this Code, the relevant election commission has the right to check accuracy of information about biography and other information submitted by a candidate, political party, block of political parties in accordance with this Code.

59.2. The election commission can apply to the relevant bodies with a purpose to check accuracy of information and facts submitted in accordance with this Code. Those bodies must inform the election commissions about the results of examination within the period defined by the election commission, but if there are 45 days remaining prior to the voting day the information must be provided within a one-day period. The relevant election commission can make a decision on creating working groups consisting of experts invited to check accuracy of signatures and relevant information. The (~~The~~ Such) working groups should be chaired by the member of the commission that forms the group. Independent experts, experts of the relevant bodies as well as specialists of bodies and organizations carrying out registration of population can be invited after (being paid) ~~payment of~~ a fee established by the Central Election Commission. Their opinion shall be accepted, as a basis, which approves that information in the signature sheets, is not accurate. The election commissions can use the state voters registration system to check accuracy of information in signature sheets.

59.3. At least 15% of signatures required for registration of each candidate (list of candidates) must be checked. For initial examination, an equal number of signatures collected in support of each candidate (list of candidates) should be investigated. Signature sheets to be examined shall be selected by draw. Rules for draw shall be defined by the Central Election Commission. Candidates, their authorized representatives, authorized representatives of political party, block of political parties, authorized representatives of political party and block of political parties which have nominated list of candidates can be present in the relevant election commission while casting lots and checking signature sheets. The relevant election commission must inform the above-mentioned persons about each draw and examination of documents in advance. The election commission cannot refuse or obstruct above-mentioned persons sent by a candidate, political party and block of political parties to participate in these actions. All signatures selected for investigation must be examined.

59.4. Accuracy or incorrectness of voters’ signatures can be approved due to results of investigation.

59.5. Crossed out signatures in the signature sheets of the persons who have nominated a candidate (a list of candidates) are not checked and registered if persons who collect signatures made relevant notes on it before they submit the signatures sheets to the relevant election commission.

59.6. If a signature of one person appears several times while checking them, only one signature is considered valid, others are considered incorrect.

59.7. The following signatures are also considered incorrect:

59.8.1 The signatures of voters who do not have the right to vote or noted incorrect information based on the opinion of invited specialists to the work of election commission according to the 3^rd paragraph of this Article or based on the reference given by relevant executive authority;

59.8.2. Signatures of voter entered into signature sheets (before the approval of the copies of candidates’ list) before the invitation about notification of the candidate is sent to relevant election commission;

59.8.3. Signatures of voters who did not record relevant information required by this code;

59.8.4. Signatures considered invalid in accordance with violation of requirements of Articles 57.1 and 57.4 of this Code;

59.8.5. Signatures recorded by one person on behalf of several persons;

59.8.6. Signatures, which are not recorded in hand writing or recorded by pencil;

59.8.7. If dates of signatures have been changed in the signature sheets, these signatures are considered correct if the person who approves signature sheets certifies them also;

59.9. All of the signatures in the signature sheets are considered invalid if signature sheets are not certified with signature of the person who collected them, also by the authorized representative of candidate, political party, a block of political party or if signature of authorized representative is not correct.

59.10. If several persons sign for one voter or one person signs for several voters all of these signatures are considered invalid in accordance with written conclusion of experts invited according to the 2^nd paragraph of this Article;

59.11. If a written line in a signature sheet does not fulfill the requirements of this law only this line where signature is invalid, except the cases mentioned in paragraph 6 & 9 of this Article;

59.12. According to the 6^th and 9^thparagraph of this Article if signatures are not defined during examining accuracy of signatures and calculating accuracy of quantity of signatures, changes and notes made by determined way in signature list shouldn’t be reason to consider the signature invalid.

59.13. During checking of signatures if the quantity of invalid signatures is more than 10% of selected signatures for check, the additional 10% of voter signatures required for registration should be examined in above mentioned way.

59.14. According to the 13^th paragraph of this article, the checking process is stopped and candidate (list of candidates) is not registered if the quantity of incorrect signatures is more than10% of total quantity of the checked signatures.

59.15. Candidate (list of candidates) is not registered if the number of signatures is less than required number for registration after invalid signatures have been removed.

59.16. Head of working group and member of relevant election commission who has decisive right to vote prepare a protocol on results of checking signature sheets of each candidate (list of candidates), then sign it and give to Election Commission for a relevant decision. The protocol indicates the number of checked signatures of voters and number of invalid signatures with a note of reason. The protocol is attached to the relevant decision of Election Commission. A copy of the protocol is submitted to a candidate, authorized representative of political party, a block of political parties at least 24 hours prior to the meeting of election commission, which deals with registration of candidate (list of candidates). A candidate, a political party, a block of political parties have the right to get following documents if signatures are less than the required quantity of voter signatures or if more than 10% of signatures have been considered invalid during examination of signatures:

· Copy of the protocol approved by the head of working group.

· Reasons for considering signatures invalid including number of a relevant folder and number of line in relevant signature sheet

· Copy of the working-table on results of examination.

Article 60. Registration of Candidate (List of Candidates)

60.1. The relevant election commission has to make a decision based on registration or refusal of submitted list of registration of candidate (list of candidates) after receiving of signature sheets and other required documents for the registration of candidate (list of candidates) within a 10 days period. If the registered candidate is nominated by political parties or block of political parties, relevant election commission mentions in registration report, that candidate is nominated by political party, block of political parties. Registration date and time is indicated in decision of registration or refusal of registration.

60.2. Relevant election commission has to submit the copy of the decision on registration of candidate (list of candidates) after acceptance of decision within 1 day to the following and if there is a refusal of registration the reasons must be clarified:

· To a candidate, elector that nominated candidate and voters

· Authorized representatives of political parties or block of political parties that nominated candidate.

The followings can be reasons for the refusal:

60.2.1 Violation of the rules of collecting signatures determined by this Code;

60.2.2 Incorrect formalizing and lack of documents mentioned in Articles 43, 54 and 58 of this Code.

60.2.3 If number of submitted valid signatures of voters in support of candidate (list of candidates) is less than required number or if more than 10% of checked signatures of voters are invalid;

60.2.4. If information submitted by the candidates, political parties and block of political parties is not correct according to this Code (if the information about separate candidates is not correct in the list of candidates nominated by political parties, block of political parties only these candidates’ names can be crossed out from approved list of candidates by this reason.)

60.2.5. If the rules for the creation of election funds of candidate, political party, block of political party and expenditure rule of relevant election fund have been violated;

60.2.6. Violation of the requirements of Article 55 of this Code by the authorized representatives of political party, block of political parties as well as by candidate, political parties or block of political parties;

60.2.7. Other reasons established by this Code.

60.3. If a candidate (list of candidates) are not registered based on grounds indicated in Article 60.2.1. of this Code, within 3 days after reception of a copy of the refusal on registration a candidate, managing body of a political party (block of political parties) that nominated the list of candidates can apply to the relevant election commission for registration on condition of return of the registration deposit. In such case, the relevant election commission registers the candidate (list of candidates) within 2 days. In all other cases, the registration deposit is returned to the relevant candidate, the political party (block of political parties) that nominated the list of candidates 3 days after the election commissions makes decision on registration or refusal on registration.

60.4. If the cases of legal violation subject to criminal and administrative liabilities have been established, the election commission transfers relevant document and materials to law enforcement bodies to investigate the case and institute proceedings against these persons being guilty on violation of this Code.

60.5. If the election commission establishes that the information submitted by a candidate, political party, block of political parties, according to the Articles 53, 53 and 58 of this Code, is invalid after the registration of candidate (list of candidates), the election commission can make a decision to cancel a candidate’s registration up to 10 days prior to election day. The election commission can apply to the court inviting the cancellation of candidate’s registration (to remove the candidate’s name from list of candidates) if less than10 days are left to the Election Day.

60.6. The card of registration is issued to each registered candidate. Relevant election commissions inform mass media about registered candidates (candidates existing in the list of candidates) in a relevant constituency, within 48hours after registration. The Constituency Election Commissions display the information about registered candidates (list of candidates) on special boards, indicated in the Article 99 of this Code, in the rooms of election commission at least 15 days prior to the Election Day. The information about canceling of registration of candidate (list of candidates), about the changes in the structure of block of political parties, removing candidate from the registered list of candidates is displayed with same way.

CHAPTER Eleven. Registration and Establishing of Campaign Groups on Referendum.

Article 61. Meaning of campaign group on referendum.

A campaign group on referendum is an organization established by the citizens of the Azerbaijan Republic having an active election rights with the reason of conducting for or against a campaign of the issues to be discussed at a referendum.

Article 62. Activity principles of Campaign Groups on Referendum.

62.1. The campaign groups on referendum taking part in referendum campaign must follow the following principles:

62.1.1. To respect the right of other referendum campaign groups to freely and independently express their views during the referendum campaign;

62.1.2. To respect freedom of the press;

62.1.3. To establish all of the required and possible conditions to other referendum campaign groups for establishing independent communication with voters;

62.1.4. Not to hamper to the work of the representatives of mass media, engaged in their professional activities and not violate and interfere with the campaigns of other referendum campaign groups;

62.1.5. Not to hamper the distribution of pre-referendum campaign materials of other referendum campaign groups;

62.1.6. Not to destroy and spoil pre-referendum campaign poster and other kind of campaign materials of other referendum campaign groups;

62.1.7. Not to hamper to conduct of pre-referendum mass-actions of campaign groups on other referendum;

62.1.8. To cooperate with election organs and their official persons for the conducting of referendum independent, free, organized and safe;

62.1.9 Not to interfere with voters to freely and independently express their will;

62.1.10. To respect observers and authorized persons and to cooperate with them;

62.1.11. To keep the secrecy of voting and to assist in maintaining it;

62.1.12. Not to win over to voters to their side by the ways of illegal actions;

62.1.13. Not to interfere with the activities of authorized persons, election (referendum) commissions without grounds. Not to violate the process of voting and calculating of votes;

62.1.14. To accept legally approved results of referendum, to submit every single complaint regarding the referendum to authorized bodies and to follow the decision regarding this complaint of the same body;

62.1.15. Not to make a speech calling to violence, threat or characterized with slander and not to distribute such kind of materials during referendum campaign;

62.1.18. Not to use government, municipality and other public resources, which are not provided for in this Code;

62.1.19. Not to persuade voters to vote or not to vote for or against of the issues to be discussed at referendum by offering a gift to them or by other ways;

62.1.20. Not to use the activity or assistance of any official person, directed to support or not to support of the issues to be discussed at referendum;

62.2. To follow the principles mentioned in the paragraph 1 of this Article by the campaign groups on referendum is voluntarily, except the compulsory cases determined by the law of Azerbaijan Republic.

Article 63. Establishing Initiators of a Campaign Group on Referendum.

63.1. The initiators of establishing of a campaign group on referendum can be citizens of Azerbaijan Republic and have an active voting right.

63.2. The initiators of establishing of a campaign group on referendum, which are no less than two thousand (2000), submit a written notification to Central Election Commission. The notification is submitted to the Constituency Election Commission which is situated in territory inhabited by 75% of initiators, if the number of the initiators of establishing of campaign group on referendum is more than 500 and less than 2000. The following details of each initiator should be mentioned in the notification:

· Name, surname, father’s name,

· Date of birth

· Address

· The serial and number of ID or substitute document

· Permanent work or service place

· Rank (if no rank – type of activity)

The list of the authorized representatives of the initiators of establishing of campaign group on referendum is attached to the notification.

63.3. Within 5 days the relevant election commission has to give written information to the initiators about the received notification.

Article 64. The Limitations of the Establishing of a Campaign Group on Referendum.

The following people cannot be initiators of establishing of campaign group on referendum:

· The citizens of Azerbaijan Republic who dual citizenship,

· Military servants,

· State servants

· Clerics

· Persons who are sentenced on custodial by the law of the court, which came into force

· judges

Article 65. The Authorized Representatives of the Initiators of Campaign Group (campaign group) on Referendum

65.1. The initiators of a campaign group on referendum can appoint an authorized representative (representatives) in order to organize the collection of the required signatures and with the purpose of conducting other actions provided for this Code, on behalf of the initiators of campaign group on referendum. The number of the authorized representatives of campaign groups on referendum, which are registered in the Central Election Commission, must not be more than 25 persons. But the number of the authorized representatives of campaign groups on referendum, which are registered in Constituency Election Commission, must not be more than 5 persons.

65.2. After the registration of a campaign group, the authorized representatives of the campaign groups on referendum, mentioned in the paragraph 1of this article, can maintain their authorities according to the decision of initiative group on referendum.

65.3. The appointment of the authorized representative of campaign group on referendum is conducted by the way of giving power of attorney approved by notary office to a person, who meets the requirements of Article 64 of this Code. That power of attorney must be given on behalf of all initiators of campaign groups on referendum.

65.4. The authorized representative of a campaign group on referendum is carrying out his functions, describing his authorities, name, surname, father’s name, date of birth, serial and number of ID, work place, duty or service job ((official duty) if no duty - type of activity) based on the document in accordance with the 2^nd paragraph of this Article. The authorized representative on finance is carrying out his functions, describing the samples of the finance documents and stamps, based on the document in accordance with the 2^nd paragraph of this Article.

65.5. The lists of the authorized representatives, which are appointed by a campaign group on referendum, are submitted to the election commission that registered same group. The list of other authorized representatives is submitted to Constituency Election Commission, except the authorized representatives of a campaign group on referendum on finance matters. The following information about the authorized representatives must be mentioned in the list of authorized representatives of a campaign group on referendum:

· Name, surname, father’s name,

· Date of birth,

· Serial, number and issue date of ID or a substitute document,

· Home address,

· Place of work or duty (if no duty – type of activity)

· Phone number.

The written consent letter of being an authorized representative for each person should be attached to the relevant list submitted to relevant election commission.

65.6. It is possible to put an end to the authorities of a representative by informing him of the decision of campaign group on referendum in written form. The copy of this decision should be sent to the election commission and the constituency election commissions, which registered this group in. The members of campaign group on referendum accept this decision with the majority of members voting and sign it.

65.7. The authorized representatives of a campaign group on referendum, still working as state and municipality officials, cannot use from their duties or official position during the process of referendum.

65.8. The term of power of the authorized representatives of a campaign group on referendum begins from their appointed time and finishes no later than official publication of the results of referendum.

Article 66. Collection Rule of Voters Signatures for Establishing of a Campaign Group on Referendum

66.1. Government bodies, municipalities and the legal entities regardless of the form of their ownership are not permitted to take in part in the collection signatures. During the collection of signatures, to enforce the voter to vote or to give a gift to them for this purpose is prohibited. If the violation of these requirements is proved by the relevant court, it can be a reason to consider invalid the collected signatures, for the refusal of campaign group on referendum from registration or for the canceling of registration.

66.2. A citizen of Azerbaijan, who is 18 years old and fully capacitated, can collect signatures. A campaign group can conclude a contract with the person who is collecting signatures about the collection of signatures. Such kind of expenses may be paid from the special fund of campaign group on referendum.

66.3. Signatures of voters can be collected in educational institutions, places of residence and in the places of not prohibited by law for conduction of the pre-election (pre-referendum) campaign.

66.4. If the initiators establishing a campaign group on referendum intend to conduct pre-referendum campaign in all territory of Azerbaijan Republic, they have to collect minimum 51,000 voters signatures about the agreement to membership in campaign group on referendum from territory of 51 election constituencies. In this case the number of the potential members of campaign group on referendum cannot be less than 500 persons from one election constituency.

66.5. If the initiators establishing a campaign group on referendum intend to conduct pre-referendum campaign in one part of the territory of Azerbaijan Republic, they have to collect minimum 1,000 voters signatures of the membership in the campaign group on referendum, in the territory of every single election constituency, which is provided to conduct pre-referendum campaign.

66.6. The number of the required voter signatures for the establishment of a campaign group on a referendum must not be more than 15 per cent of the number determined by this Code.

66.7. According to his will, the voter has a right to sign only once to the membership in campaign group on referendum. Voter writes down his name, surname, father’s name, date of birth, home address, serial, number and issue date of ID or a substitute document and names the date, while he signs the signature sheet. The data considered necessary to be written down about signing voters, can be fulfilled into the signature sheets by signature collecting person. The aforementioned data are written by hand.

66.8. Signatures are signed on the front and back sides of signatures sheet during collecting of voter signatures. In this case the back side of the sheet is continuation of front side and approving signatures are signed on the back side.

66.9. After the collecting of signatures, the signature sheet is signed by the authorized representative of initiators of campaign group on referendum and a person who collected signature. Signature collector writes down his name, surname, father’s name, home address, serial, number and issue date of ID or a substitute document before he signs the signature sheet.

66.10. The authorized representative of initiators of a campaign group on referendum calculates the quantity of collected signatures, compiles the protocol of the results of collected voter signatures and signs it.

66.11. Signature sheets, which are submitted to Central Election Commissions and constituency election commission must be numbered and paged. Signature sheets must be paged in the form of folder for the registration of the campaign group on referendum.

Article 67. Submission of Documents for Registration of a Campaign Group on Referendum.

67.1. If the signatures necessary for registration of a referendum campaign group have been collected in one or more than one constituency’s territory in accordance with Article 66.5 of this Code, the documents mentioned in the paragraph 2 of this Article shall be submitted to relevant constituency election commission on the territory where these signatures were collected; the initiators establishing the campaign groups on referendum, who collected voter signatures as mentioned rule in the article 66.4 of this Code, shall submit the documents to Central Election Commission, as mentioned in the paragraph 2 of this article.

67.2. The authorized representative of the campaign group on referendum has to submit the following documents to the relevant election commission before 1800 at the earliest 65 days and no later than 45 days before to the election day for the registration of above mentioned group:

67.2.1. Signature sheets with the collected signatures;

67.2.2. Two copies of protocol compiled in the form of determined by Central Election Commission about results of collection of voter signature;

67.2.6. The initial finance report of the initiators of the campaign group on referendum (including information about the expenses spent for collection of voters signatures)

67.3. Upon accepting documents, election commissions verify each folder by affixing a stamp. Then election commissions shall check the conformity of the quantity of signature sheets with protocols on results of the collection of voters’ signatures. Then, election commissions shall provide authorized representatives of initiators of a campaign group on referendum with written notification of acceptance of election documents and with indication of numbers of signatures sheets and announced numbers of signatories and time of acceptance. If relevant documents submitted by these persons to relevant election commission before expired time as mentioned in Paragraph 1 and 2 of this Article, the acceptance of these cannot be refused and there will not be any restriction for the entrance of authorized representative of initiators of campaign group on referendum to the relevant building.

67.4. Registration of a campaign group on referendum is conducted after submission of voters’ signatures to the relevant election commission.

Article 68. Examination of Voter Signatures Required for the Registration of Campaign Groups on Referendum.

The examination of required voter signatures for the registration of campaign groups on referendum is carried out according to the rules of article 59 of this Code.

Article 69. Registration of Campaign Group on Referendum.

69.1. The relevant election commission has to make a decision on registration or refusal of registration of a campaign group on referendum after receiving signature sheets and other required documents for the registration of campaign group on referendum within a 10 days. The date and time is indicated on the decision of registration or refusal of registration. The registration of a campaign groups on referendum continues until 60 days before election day.

69.2. The relevant election commission has to submit the copy of the decision on registration of a campaign group on referendum after acceptance of decision within 1 day to the authorized representatives of the campaign group on referendum and if there is a refusal of registration the reasons must be clarified. The followings can be reasons for the refusal:

69.2.1. Violation of the rules on collecting signatures determined by this Code;

69.2.2. Incorrect formalizing and lack of documents mentioned in Articles 64, 65.4, 66.4, 66.5 and 67.2 of this Code.

69.2.3. If number of submitted valid signatures of voters in support of the registration of campaign groups on referendum is less than required number or if more than 10% of checked signatures of voters are invalid;

69.2.4. If the rule for the creation of finance funds of campaign group on referendum and expenditure rule of that fund have been violated;

69.2.5. Violations on the requirements of the Article 65 of this Code by the authorized representatives of initiators of campaign group on referendum;

69.2.6. Other reasons considered by this Code.

69.3. If the cases of legal violation are subject to criminal and administrative liability, the election commission transfers relevant document and materials to law enforcement bodies to investigate the case and institute proceedings against these persons being guilty on violation of this Code.

69.4. The card of registration is issued to each registered authorized representative of campaign group on referendum. Central Election Commission submits the information about registered campaign groups on referendum to mass media, within 48 hours after registration. The Constituency Election Commissions display the information about campaign groups on referendum on a special boards, in accordance with this Code, in the rooms of election commission minimum 15 days before voting day.

CHAPTER Twelve. Status of Registered Candidates and Referendum Campaign Groups

Article 70. Equality of Registered Candidates and Referendum Campaign Groups

70.1. All of the registered candidates and campaign groups on referendum have equal rights and responsibilities except in cases defined by this Code.

70.2. Registered candidates, the initiators of campaign group on referendum working in state bodies and municipality organizations or in mass media on the legal basis of labor and civil contract are released from their employment during the participation in election (referendum) campaign. The approved copy of relevant order (statement) is submitted to election commission who registered them, at the latest within 3 days from the day of registration. They are prohibited to abuse their positions of authority to gain privileges.

70.3. The registered candidates fulfill their duties working in state positions determined by relevant executive authority as well as the candidates, initiators of campaign group on referendum who are elected municipal officials are prohibited to abuse their positions of authority to gain privileges.

70.4. The violation cases of equality principles with the purpose of getting privileges by abusing occupation and position is determined by the article 55.2. of this Code.

70.5. The registered candidate, the initiators of campaign group on referendum who occupy state positions determined by relevant executive authorities and elected municipal officials have the right to conduct pre-election (pre-referendum) campaign, when they are released from the fulfillment of their duties. According to the article 81 of this Code the free usage of TV and radio programs by registered candidate and registered campaign groups on referendum are not regulated by these rules.

70.6. If the officials, journalists working in TV and mass media, or creative persons are registered candidates, the initiators of campaign group on referendum or the agents of the registered candidates, political parties, blocks of political parties, campaign groups of on referendum or the authorized representatives of the political party, block of political parties, campaign groups of on referendum, they are prohibited to participate in reporting of elections (referendum) by the means of mass media.

70.7. Observation of limitation specified by this Code should not impede deputies and municipal members to perform their authorities and duties before voters.

70.8. The following persons are not permitted to conduct charity activities:

· Registered candidates, political parties and blocks of political parties,

· The agents and authorized representatives of political parties, blocks of political parties and campaign groups on referendum,

· The agents of registered candidates,

· The initiators of establishing of campaign groups on referendum,

· Organizations, which are founders, owners, members or employees of abovementioned persons.

· Other physical or legal entities who function due to the instruction of abovementioned persons or organizations

The aforementioned persons and organizations are prohibited to apply to legal entities and individuals and voters for proposals to render material, financial or other services. The legal and physical entities are prohibited to conduct charity activity in support and on behalf of the candidates, registered candidates, political party, block of political parties, members of campaign group on referendum, their authorized representatives and agents.

Article71. Insurance of Registered Candidate’s Activity.

71.1. The management bodies of relevant organization, where the candidate is studying, working, serving or commander of military unit where candidate is serving must release the candidate for the period mentioned in their report, effective from the day of registration of candidate until the day of official announcement of results of elections. Relevant election commission has to pay to candidates average wage in amount of salary that is no more than 20 times of minimum salary determined by legislation, unless other amount stipulated by this Code, from the budget allocated for the preparation and conduction of election, during his release from employment. Money compensation is paid to registered candidate on the basis of statement which proves the unpaid leave from their working (studying) or servicing place for the period of his release from employment.

71.2. Transport expenses are paid to registered candidate from the day of registration of candidature until the day of official announcement of results of elections determined by this Code. Expenses spent for taxi and ordered transport services are not paid. Expenditures for travels in cities and inter cities are paid on the basis of submitted travel tickets.

71.4. Registered candidate cannot be dismissed from his/her job, service, educational institution on the initiative of his/her employer, cannot be transferred to another job (to study or to serve) in other place without his agreement or cannot be sent on business trip and cannot be conscripted to military service military courses of instruction within the period of time mentioned in the 1^st paragraph of this Article. The participation time of registered candidate in elections is included in his/her professional service years from the day of registration.

71.5. Within the period of time mentioned in the 1^st paragraph of this Article, the registered candidate cannot be indicted for a crime without the permission of the relevant prosecutor or be arrested and subjected to administrative penalties without the decision of the court after he/ she has been registered. If the relevant prosecutor or court give such kind of permission or makes decision, they have immediately to inform the election commission where the candidate has been registered.

71.6. The registered candidate, the political party which has registered list of candidates, the authorized representatives of block of political parties can obtain the list of precinct election commission, the addresses of voting stations and an information about the territory, address and phone numbers of electoral precincts from relevant Constituency Election Commission.

Article 72. Participation Principles of Registered Candidate in Elections.

72.1. The registered candidate participating in elections has to obey the following principles:

72.1.1. To respect the political ideas and opinions to be distributed independently and freely by other registered candidates during election campaign;

72.1.2. To respect the rights of other registered candidates, political parties, voters and social organizations;

72.1.3. To respect the freedom of the press;

72.1.4. To establish all of the required and possible condition to other registered candidates for establishing independent communication with voters;

72.1.5. Not to obstruct to the work of the representatives of mass media, which are engaged in their professional activities and not violate and interfere with the election campaigns of other registered candidates;

72.1.6. Not to obstruct to the distribution of pre-election campaign materials of other registered candidates;

72.1.7. Not to destroy and spoil pre-election campaign posters and other kind of campaign materials of other registered candidates;

72.1.8. Not to obstruct the conduct of pre-election mass-actions of other registered candidates;

72.1.9. To cooperate with election organs and their official persons for the conducting of elections independent, free, organized and safe;

72.1.10. Not to interfere with voters while they are expressing their will freely and independently;

72.1.11. To respect observers, authorized persons and to cooperate with them;

72.1,12. To keep the secrecy of voting and to assist in keeping it;

72.1.13. Not to win over voters by the ways of illegal actions;

72.1.14. Not to interfere to the activities of authorized persons, election commissions. Not to violate the process of voting and calculating of votes;

72.1.15. To accept the legally approved results of elections, to submit every single complaint regarding to elections to authorized bodies and to follow the decision regarding to this complaint of same body;

72.1.16. Not to make a speech calling to violence, threat or characterized with slander and not to distribute such kind of materials during election campaign;

72.1.17. Not to use from his/her political authority for offering reward or for threatening someone;

72.1.18. Not to use state, municipality and other social resources, which are not provided for in this Code;

72.1.19. Not to inveigle voters not to vote or to vote for or against of the registered candidate and registered party for candidacy, by putting pressure on voters, offering a gift to them or by other ways;

72.1.20. Not to force voters to nominate or not to nominate their candidacy, to withdraw or not to withdraw their candidacy by putting pressure on voters, offering a gift to them or by other ways;

72.1.21.Not to use from the activity or help of each official person, directed to support or not to support of candidate;

72.2. To follow the principles mentioned in the paragraph 1 of this article by candidates is voluntarily, except the compulsory cases determined by the law of the Azerbaijan Republic.

Article 73. Agents.

73.1. The registered candidate, political party or block of political parties which have registered list of candidates, campaign group on referendum have the right to appoint an agent. The agents are registered by relevant election commission which registered a candidate (list of candidates) , campaign group on referendum. The agents are registered within three days from the day of receipt of written application of candidate or application about the appointment of agents of political party, block of political parties, campaign group on referendum as well as written consent of being agent. The following information about each agent must be mentioned in presentation or in requisition:

· Name, surname, father’s name,

· Date of birth,

· Work place,

· Occupation ( type of activity)

· Home address

· Serial, number and issue date of ID or substitute document

The rules, defined in the Articles 51 and 65 of this Code, apply to relevant applications of political parties, block of political parties and campaign groups on referendum.

73.2. The agents receive a verification card from relevant election commission.

73.3. The agent conducts campaigning on referendum and other kind of activities in assisting for the election of registered candidate, candidates in list of candidates. The agents have observer rights.

73.4. Registered candidates, political parties, block of political parties, campaign group on referendum, which appointed the agents, can withdraw these persons and appoint another persons instead of them by the way of informing relevant election commission. If there is such kind of information, election commission cancels the verification card of withdrawn agent. Anytime with his/her own initiative, the agent can resign from his/her position and return his/her card to relevant election commission by informing registered candidate, as well as political party, block of political parties and a campaign group on referendum.

73.5. The authorities of agent commence from the day of their registration by the relevant election commission and shall finish no later than the official publication of election (referendum) results, including not later than the day when the final decision of court is made in case of investigating complaints on violation of this Code, except the cases mentioned in the 4^th paragraph of this Article. Authorities of agent also finish when the status of all candidates and referendum campaign groups that agents represent is lost.

Article 74. Candidate’s Refusal from the Status of Candidacy.

74.1. The nominated candidate can withdraw his /her application of consent to be candidate any time, by informing the relevant election commission. Such kind of written information cannot be withdrawn.

74.2. The registered candidate (who is in the list of single candidates) can withdraw his/her candidacy by submitting a written application to the relevant election commission minimum three days prior to election day. Such kind of application cannot be withdrawn. The Constituency Election Commission makes a decision on canceling of candidate’s registration within one day on the basis of received application. The relevant election commission has to get the fund back, given to him from the budget, if a registered candidate withdraws his/her candidacy without compelling reasons.

74.3. The compelling reasons for withdrawing candidacy of registered candidate as well as the compelling reasons withdrawing candidates of political party, block of political parties are meant:

· If a registered candidate has been found incapacitated by the court,

· If he/she has an illness that seriously affects his/her health.

The compelling reasons of withdrawing the list of candidates of political party, block of political parties are meant the death of the first three candidates or they are considered dead or more than 25% of them to be removed from the list of candidates by this reason.

CHAPTER Thirteen. PRELECTION (PREREFERENDUM) CAMPAIGN

Article75. Conducting of Pre-election (Pre-referendum) Campaign.

75.1. The followings have the right to conduct pre-election and pre-referendum (hereinafter pre-election campaign) campaign:

75.1.1. Campaign groups on referendum;

75.1.2. The registered candidates for participating in the elections of deputies of the Milli Majlis;

75.1.3. The political parties, blocks of political parties, which have the registered list of candidates for participating in the elections of deputies of the Milli Majlis;

75.1.4. The registered candidates for participating in the presidential elections;

75.1.5. The registered candidates for participating in the municipality elections;

75.2. The pre-election campaign can be conducted by:

75.2.1. Mass media,

75.2.2. Conducting of pre-election mass activities (gatherings and meetings with citizens, mass discussions and talks, etc.);

75.2.3. Distributing and producing of printed, audiovisual and other campaign materials;

75.2.4. By other means not prohibited by law.

75.3. The pre-election campaign by mass media is conducted by:

· Open discussions, round tables, press conferences;

· Interviews, speeches, political advertisings, TV spots;

· Video films about the registered candidate, political party, block of political parties;

· Other ways not prohibited by the law.

The registered candidate, political party, block of political parties determine the forms and the ways of pre-election campaign independently.

75.4. Conducting of pre-election campaign, publishing and distributing of every kind of campaign materials is prohibited to the followings:

75.4.1. State government bodies and municipalities;

75.4.2. State and municipal officials, state and municipal employees, military persons (abusing their positions and privileges while they are performing their duties

75.4.3. Military persons, military units and organizations;

75.4.4. Religious and charity organizations, organizations established by them.

75.4.5. Election commissions, the members of election commission with decisive voting right and other official persons of election commissions.

Article 76. The Period of Pre-Election Campaigning.

76.1. Conducting of all types of pre-election campaign is prohibited on election day or the day before election.

76.2. Pre-referendum campaign commences 65 days prior to the election day and finishes 1 day prior to the Election Day at 00.00 o’clock (12 midnight).

76.3. The pre-election campaign related to the election of deputies to the Milli Majlis commences 45 days prior to the election day for the registered candidates and 65 days prior to the election day for the political parties and block of political parties, which have the registered list of candidates except the cases determined by this Code and finishes 1 day prior to the Election Day at 00.00 o’clock (12 midnight).

76.4. The pre-election campaign during the presidential election commences 65 days prior to the election day for the registered candidates except the cases determined by this Code and finishes 1 day prior to the Election Day at 00. o’clock (12 midnight).

76.5. The pre-election campaign during the municipality election commences 45 days prior to the election day for the registered candidates except the cases determined by this Code and finishes1 day prior to the Election Day at 00. o’clock (12 midnight).

76.6. Pre-election campaign materials displayed outside of buildings and rooms of the election commissions according to this Code cannot stay in their places on the Election Day.

Article 77. Public Opinion Survey.

77.1. The mass media must mention the following information, when it publishes the results of public opinion survey related with elections:

· The organizations, where the public opinion survey has been conducted,

· Date of conduct,

· Exact questions,

· The number of respondents,

· The method of collecting information,

· The statistic figures of future results

77.2. The publication of the results of public opinion survey, forecast of election results and other investigations related with elections in mass media is prohibited 3 days prior to Election Day as well as on the Election Day.

Article 78. Basic Duties of Mass Media during Pre-Election Campaign.

78.1. If founders of TV, radio companies or periodicals are state bodies and organizations, those TV, radio companies and editorial offices of the periodicals create equal conditions for registered candidates, political parties and block of political parties to conduct their election campaign, and for referendum campaign groups having 25,000 members and more to conduct their pre-referendum campaign for or against issues to be discussed at a referendum, using allocations from the government budget. Organizations mentioned above cannot campaign for or against the registered candidates, political parties and block of political parties, issues to be discussed at a referendum on their own initiative.

78.2. TV, radio companies and periodicals mentioned in the 1^st paragraph of this article which are aired and distributed in half or in more than half of the territory of the Azerbaijan Republic are to create conditions for registered candidates for presidential elections, political parties, block of political parties with registered list of candidates or registered candidates in more than a half of single mandate election constituencies and the campaign groups on referendum, which have 51,000 or more members, to conduct pre-election campaign. The Central Election Commission publishes the list of TV-radio companies, periodicals mentioned above on the basis of document submitted by relevant executive authority no later than 20 days after the decision on determination of elections has been officially published.

78.3 TV and radio companies aired in less than half of the territory of Azerbaijan Republic, as well as the relevant branches of TV and radio companies mentioned in the 2^nd paragraph of this Article and periodical mentioned in the 1^st paragraph of this Article which distributed in less than half of the territory of Azerbaijan Republic are to create conditions for candidates for single mandate which collected required number of voter signatures determined by this Code and the campaign groups on referendum, which have 25,000 or more members to conduct their election campaign within the territory of relevant administrative unit. The list of TV-radio companies, periodicals should be published by the relevant Constituency Election Commission on the basis of a document submitted by the relevant executive authority at least within 50 days after a decision on determination of elections has been officially published.

78.4 If founders of the TV, radio companies and periodicals not considered by paragraph 1 of this article are municipalities, they have to create equal conditions for the campaign groups on referendum, which have 2,000 or more members, registered candidates to the relevant municipality which were covered by the relevant constituency to conduct their election campaign. They have to create equal conditions for the registered candidate, political parties, block of political parties and campaign group on referendum with the reason of conducting campaign in territory of the relevant municipality, If TV- radio companies and periodicals do not participate in the campaign activities at all, they can refuse to publish any materials or to allocate airtime regardless of their status.

Article 79.Common Terms of Pre-election Campaign in Mass Media on the Paid Basis

79.1. The TV- radio companies and periodicals, mentioned in the articles 78.1 and 78.4 of this Code, have the right to allocate paid airtime and place in periodicals for the registered candidates, registered candidates (list of candidates) of political parties, block of political parties and campaign groups on referendum on the basis of contract.

79.2. The amount and the terms of payment must be equal for the relevant registered candidates, political parties, block of political parties and campaign groups on referendum.

79.3. The relevant TV-radio companies and periodicals have to send a notification to Central Election Commission and to Constituency Election Commission about the possibilities of allocating airtime and place in periodicals for the registered candidates, political parties, block of political parties campaign groups on referendum. The information about the amount of the payment must be published at least within 50 days after a decision of determination of elections has been published.

79.4 The private TV and radio companies and mass media organizations can refuse to publish the materials of the pre-election campaign if they do not participate in the process of election campaign.

Article 80. Registration of cost and volume of space in periodicals and airtime, which allocated for pre-election campaign in Mass Media.

80.1. The TV-radio companies and periodicals allocating free or paid airtime or space in periodicals for registered candidates, political parties, and campaign group on referendum have to conduct the registration of the cost and volume of allocated spaces and airtime in the form of determined by Central Election Commission and have to inform the election commission which is carrying out their registration, latest 5 days prior to Election Day, earliest 5 days after the Election Day about this records.

80.2. The registered candidates, political parties, blocks of political parties, campaign groups on referendum are to submit the documents approving consent of payment of paid airtime and space in periodicals on the inquiry of the relevant election commission.

Article 81. Allocating Terms of Free Airtime of conducting Pre-Election Campaign on TV and Radio.

81.1. The candidates for presidential elections or political parties, block of political parties with registered list of candidates or registered candidates in more than a half of single mandate election constituencies and the initiative groups of citizens on referendum, which have 51,000 or more members, have the right to use free airtime on TV and radio companies for conducting free pre-election campaign according to the Article 78.2 of this Code.

81.2. Candidates registered for single-mandate constituencies and the campaign groups on referendum, which have 25,000 or more members, have the right to use free airtime on TV and radio companies for conducting free pre-election campaign according to the Article 78.3 of this Code.

81.3. 81.3. The candidates to membership of municipality and the initiative groups of citizens on referendum, which have 2,000 or more members, have the right to use free airtime on TV and radio companies with the purpose of conducting pre-election campaign according to Article 78.4 of this Code.

81.4. A draw is conducted among the registered candidates, political parties, blocks of political parties with the reason of time division of allocated free airtime according to the 7^th paragraph of this Article on the basis of submitted application during one week after the commencement of the period according to Article 76 of this Code.

81.5. The total volume of allocated free airtime by the TV and radio companies must not be less than 3 hours in a week for pre-election campaign according to Article 78.2 of this Code; According to Article 78.3 of this Code, the total volume of allocated free airtime by the TV and radio companies must not be less than 1 hour and 30 minutes in a week for pre-election campaign. If the total airtime of those broadcasting companies is less than 2 hours during a day, the mentioned airtime must not be less than ¼ part of total volume of programs. The allocated free air time should be within the time when most of the viewers can watch it.

81.6. The free airtime provided by broadcasting companies is divided on equal terms and equal volume among the registered candidates, political parties, blocks of political parties and campaign groups on referendum.

81.7. Date and time of airing of pre-election materials are defined by draw conducted by the relevant election commission with participation of representatives of TV and radio companies. The information about the time and place of draw is officially published. The persons mentioned in the Articles 38.1 and 38.8 of this Code have the right to participate in draw. The results of draw are formalized by protocol. The table of division of airtime defined by the draw should be published by the periodicals mentioned in the Articles 78.2 and 78.3 of this Code.

81.8. Expenses spent by TV and Radio companies regarding the allocation of free airtime to candidates, political parties, block of political parties and referendum campaigning groups will be reimbursed from the state budget to those TV and Radio companies.

Article 82. Conditions for Allocation of Paid Airtime for Conduct of Election Campaign on TV and Radio

82.1. Election campaign on TV and Radio companies not considered by Articles 78.1 and 78.4 of this Code shall start in accordance with the contract signed with TV and Radio companies.

82.2. TV and Radio companies considered by Article 78.1 of this Code must keep airtime in reserve for conduct of paid election campaign. Candidates for member of municipality and referendum campaigning groups members of which are more than 25 thousand cannot use this airtime. The amount and terms of payment must be equal for all registered candidates, political parties, blocks of political parties, referendum campaigning groups and relevant information about this must be published at least within 50 days after the decision on determination of election day has been officially published. Total volume of airtime for paid purposes reserved by each TV and Radio companies cannot be less or twice more than the total volume of free airtime allocated in conformity with Article 81.5 of this Code.

82.3. Norms of usage of airtime reserved for paid purposes for each registered candidate, political party, block of political parties, referendum campaigning groups are defined by dividing its total volume by total number of registered candidates or political parties and blocks of political parties with registered list of candidates.

82.4. Airtime mentioned in paragraph 2 of this Article must be presented by TV and Radio companies within the period mentioned in Article 81.4 of this Code. Time and date of election campaign products to be aired is determined by TV and Radio companies based on results of lottery conducted in the presence of authorized representatives of candidates, political parties, blocks of political parties and referendum campaigning groups who have submitted relevant notification. The lottery must be conducted within the period determined by Article 81.4 of this Code. Airtime shall be presented on the basis of contract signed after conduct of lottery.

82.5. If a registered candidate, political party, block of political parties or referendum campaigning group refuse using airtime after lottery has been conducted, they must inform the relevant TV and Radio companies about this two days prior to the day of air. TV and Radio companies decide themselves how to use the vacant airtime except for election campaign purposes.

82.6. Allocation of airtime on TV and Radio companies not considered by Articles 78.1 and 78.4 of this Code for registered candidates, political parties, blocks of political parties, referendum campaigning groups and its payment shall be performed on equal basis and conditions. TV and Radio companies that do not observe these requirements and requirements of Article 79.2 of this Code cannot allocate airtime for election campaign purposes for registered candidates, political parties, blocks of political parties and referendum campaigning groups.

82.7. Contract on allocation of paid airtime must consider the following:

82.7.1. method of election campaign;

82.7.2. time and date of airtime;

82.7.3. period of airtime provided, its terms and amount of payment;

82.7.4. After fulfillment of the form of participation and conditions of participation of a leading journalist with indication of conditions of the agreement, an act on using of air-time with indication of the list of programs, name of the program and its broadcasting time shall be drawn up.

82.8. A registered candidate, political party, block of political parties, referendum campaigning groups must submit the payment order on transferring full amount of money for airtime to the relevant bank at least 48 hours prior to the day or air. The relevant bank must transfer money immediately after it gets the payment order. Period of bank transfer must not be more than two banking days.

82.9. Payment for cost of airtime must be paid from the election fund of a registered candidate, political party, block of political parties and from financial fund (hereafter referred to as election fund) of referendum campaigning groups.

82.10. If a registered candidate, political party, block of political parties and referendum campaigning group violate conditions defined by this Code while use of paid airtime, TV and Radio companies can appeal to the court for termination of the contract on allocation of airtime. TV and Radio companies do not have right to use that vacant time for election campaign purposes after termination of the contract.

Article 83. Requirements for Transmission of Election Campaign Programs via TV and Radio

83.1. It is prohibited to interrupt transmission of election campaign programs of a registered candidate, political party, block of political parties, referendum campaigning group with advertisements for goods, works and services or with broadcasting other programs.

83.2. It is prohibited to interrupt election campaign programs of a registered candidate, political party, block of political parties, referendum campaigning groups, transmitted by TV and Radio companies mentioned in Article 78.2 of this Code, with broadcasting programs of other TV or Radio programs.

83.3. Information on conduct of election campaigning activities of registered candidates, political parties, blocks of political parties and referendum campaigning groups must be announced, as a rule, at the beginning of telecast which is broadcasted without any comments. Candidates, registered candidates, political parties, block of political parties, referendum campaigning groups shall not pay for airtime spent for such information. In such cases, any of registered candidates, political parties, block of political parties, referendum campaigning groups must not be given preference while reporting election campaigning.

83.4. Election campaign telecasts or radiocasts shall be video/audio taped. They shall be preserved by TV and Radio companies for 12 months from the day they have been aired. TV and Radio companies must preserve reports on allocation of free and paid airtime for 5 years starting from the election day.

Article 84. Conditions for conduct of Pre-election Campaign via Periodicals on a Free Basis

84.1. Registered candidates, parties with registered list of candidates, blocks of political parties, campaign groups on referendum mentioned in the Articles 78.2 and 78.3 of this Code have the right to equal free usage of the periodicals which mentioned in the Article 78.1 of this Code and published at least once in a week.

84.2 After the period mentioned in the Article 76 of this Code starts, a draw, rules of which are determined by the Central Election Commission, is conducted within a week amongst registered candidates, political parties, blocks of political parties and campaign groups on referendum for free use of periodicals, according to their applications.

84.3. Periodicals mentioned in the Article 78.1 of this Code allocate relevant pages for free usage.

84.4. Total weekly volume of space allocated by every periodical mentioned in the Article 78.1 of this Code for free usage of registered candidates, political parties, blocks of political parties, campaign groups on referendum must be at least 10% of the weekly published pages in the period determined by the Article 76 of this Code. The total volume of free space offered by the periodical for pre-election campaign in that period is announced by the periodical not later than 50 days after a decision on determination of elections has been officially published. Periodicals allocate equal volume of space for the registered candidates, political parties, blocks of political parties and campaign groups on referendum.

84.5. Total volume of free space allocated by periodicals mentioned in the Articles 78.2 and 78.3 of this Code is determined by dividing the total volume of space by total number of the appropriately registered candidates, political parties, blocks of political parties and campaign groups on referendum which have the right to publish pre-election campaign materials freely on these periodicals.

84.6. The date for free publication of pre-election campaign materials of registered candidates, political parties, blocks of political parties and campaign groups on referendum is determined by the draw conducted by the periodicals with the participation of interested persons. The draw is conducted on the day of the commencement of period mentioned in the Article 76 of this Code. Members of the relevant election commissions, as well as the persons mentioned in the Articles 38.1 and 38.8 of this Code can be present during the process draw Official protocol is made on results of the draw.

84.7. The expenses spent by periodicals for allocation of free space on the periodicals for registered candidates, political parties, blocks of political parties and referendum campaign groups are paid from the state budget.

Article 85. The Rules for Paid Pre-Election Campaign Using Periodicals

85.1.The periodicals mentioned in the Article 78.1 of this Code are obliged to allocate paid pages for pre-election campaign of the registered candidates, political parties, blocks of political parties and campaign groups on referendum. The basis, conditions and amount of payment for allocated space must be equal for all registered candidates, political parties, blocks of political parties and campaign groups on referendum and must be published by the periodicals not later than 50 days after a decision on determination of elections has been officially published. Total volume of space allocated on paid pages of the periodicals should not be less than total amount of free allocated space according to the Article 84.4 of this Code.

85.2.Every registered candidate, political party, block of political parties and campaign groups on referendum for certain amount of payment may have a volume of space which is determined by dividing total amount of space allocated for reserve on the page into total number of appropriately registered candidates, political parties with registered candidates (list of candidates), blocks of political parties, campaign groups of referendum.

85.3.The periodicals that are not mentioned in the Articles 78.1 and 78.4 of this Code can publish campaign materials of the registered candidates, political party, block of political parties, campaign group on referendum according to the contract signed with them.

85.4.Periodicals, which are not mentioned in the Articles 78.1 and 78.4 of this Code, are paid on equal basis and conditions for the cost of offered volume of space to registered candidates, political parties, blocks of political parties and campaign groups on referendum. Periodicals that do not follow these rules and requirements of the Article 79.2 of this Code cannot allocate space for pre-election campaign materials of registered candidate, political party, block of political parties and campaign groups on referendum.

85.5.After the draw, registered candidates, political parties, blocks of political parties and campaign groups on referendum pay the cost of allocated space on periodicals based on the contract with periodicals. Registered candidate, political party, block of political parties and campaign group on referendum must submit payment order on full payment of the cost for allocated space to the relevant bank at least two days prior publication day. When these rules are violated a space cannot be allocated by periodicals. Relevant bank must transfer money immediately starting the day of the receipt of payment order, but not later than the next banking day. In this case bank transfer cannot take more than two banking days.

85.6.Expenses for allocated space by the periodicals are paid from the election funds of registered candidate, political party, block of political parties, campaign group on referendum.

85.7.Periodicals must provide a space, considered by the Article 85.2 of this Code within the period mentioned in the Article 76 of this Code.

85.8.Date of paid publication of pre-election campaign materials of registered candidate, political party, block of political party, campaign groups on referendum is determined by the lottery conducted by periodicals, on the basis of written requests of their authorised representatives, with participation of interested persons. The draw is conducted within the period defined by the Article 76 of this Code. Members of the relevant election commissions, as well as persons mentioned in the Articles 38.1 and 38.8 of this Code have the right to be present during the process of draw. Official protocol is made on results of the lottery.

Article 86. Pre-Election Campaigning Rules for Using Periodicals

86.1. If a registered candidate, political party, block of political parties refuse to use the space allocated by the periodicals after the draw, they must inform relevant periodical about this at least five days prior the date of publication. Periodical decides itself how to use the vacant space; except for pre -election campaigning purposes.

86.2. According to this Article no editing can be made without consent of candidates, political party, block of political parties, campaign group on referendum during publication of pre-election materials.

86.3. If periodicals founded by legislative, executive bodies, court bodies and municipalities, officially print founders’ official materials, information, normative and other acts, these periodicals cannot print pre-election campaign and other materials.

86.4. If periodicals have been founded by registered candidates, political parties, blocks of political parties or political parties which are member of block of political parties, rules on equal allocation of space and Articles 79.1 and 79.3 of this Code are not applied to these periodicals.

86.5. Pre-election campaign materials of candidate, registered candidate, political party, block of political party, campaign groups on referendum published by the periodical must contain information about covering expenses of publication from election funds of which registered candidate, political party, block of political parties, campaign group on referendum. According to the Article 78.1 of this Code, when pre-election campaign materials are published freely, materials must reflect which candidate, political party, block of political parties, campaign group on referendum they belong to.

Article 87. Election Campaign Using Mass Actions

87.1. State bodies and municipalities must assist the registered candidates, political party, block of political parties, and campaign groups on referendum in organizing and holding meetings with citizens and open debates.

87.2. Applications of registered candidates, political party, block of political party, authorized representatives of campaign group, and their agents with a request to allocate venue for meetings with electors, are considered by the relevant executive authority in accordance with the legislation of the Republic of Azerbaijan.

87.3. Venues (building, room) which are suitable for holding meetings with electors and which are owned by state or municipalities are provided free of charge by the owners, at times agreed by registered candidates, political parties, blocks of political parties, authorized representatives of campaign groups on referendum, their agents and the election commission. If a venue (building, room) has been allocated to one of the registered candidates, political party, block of political parties, campaign group on referendum for conducting pre-election (pre-referendum) campaign, the owner cannot refuse, to allocate the same venue (building, room) with the equal conditions to another candidate, political party, block of political parties, campaign group on referendum. Election commissions create equal conditions for registered candidates, political parties, blocks of political parties, and campaign groups on referendum to conduct pre-election campaign using mass actions.

87.4. Registered candidates, political parties, blocks of political parties, and campaign groups on referendum have the right, regardless of the form of ownership, to lease, based on contract, building and rooms owned by citizens and organizations.

87.5. Buildings and equipment, which are considered cultural facilities in accordance with the relevant State register, cannot be used for the purpose of holding pre-election campaign.

87.6. It is prohibited to conduct a pre-election campaign in the territory of military units, military organizations and military institutions. Registered candidates, political party, block of political parties, campaign groups on referendum, their authorized representatives and agents can conduct meetings with electors who are in military service within the territory of military unit, when such meetings are arranged by the commanders of those military units together with the Constituency Election Commission, if only all registered candidates, all political parties with registered candidates (list of candidates), blocks of political parties, campaign group on referendum for this constituency are necessarily invited or informed about this meeting at least three days prior to this meeting. Persons mentioned above, political parties, blocks of political parties, and citizens initiative groups on referendum must be created equal conditions for conducting such meetings and possibilities for observers to observe them.

87.7. According to the legislation, relevant executive bodies ensure security and public order during pre-election mass actions.

Article 88. Production and Distribution of Printed Audiovisual and Other Pre-Election Campaign Materials

88.1. Registered candidates, political parties with registered candidates (list of candidates), blocks of political parties, campaign groups on referendum have the right to produce printed, audiovisual and other pre-election campaign materials in accordance with rules defined by the legislation.

88.2. Before the day of official publication of a decision on the determination of elections, advertising organizations, founders (co-founders) that are state bodies or municipalities or their organizations must create equal conditions for candidates registered for relevant constituencies, political parties, blocks of political parties, campaign groups on referendum from the funds allocated by state bodies and municipalities.

88.3. Printed and audiovisual pre-election campaign materials must contain information on:

· The company which produced it;

· The organization which ordered to produce it;

· The quantity of issues;

· The date of production.

88.4. Registered candidate, political party, block of political parties, and campaign group on referendum must submit a sample or a copy of printed pre-election campaign materials to election commission. Besides these materials, they must submit addresses of organizations, which ordered and produced them, to the relevant election commission. It is prohibited to produce and to distribute pre-election campaign print materials without written consent of registered candidates, political parties, blocks of political parties, and citizens initiative group on referendum.

88.5. It is prohibited to distribute pre-election campaign materials violating rules defined by paragraphs 3 and 4 of this Article.

88.6. At least 30 days prior the Election Day, relevant executive authorities and municipalities, with a request from the Constituency Election Commission, must allocate locations for display of pre-election campaign materials within the territory of each voting station. These places must be accessible for voters and information displayed there must be easily read. Registered candidates, authorized representatives of a political party, block of political parties and campaign groups on referendum have the right to obtain list of locations allocated for displaying pre-election campaign materials from the Constituency Election Commission.

88.7. In the cases not mentioned in the paragraph 6 of this Article, pre-election campaign materials can be displayed (hung, stuck, etc.) in the rooms, buildings and other places if the owners of these places permit.

88.8. It is prohibited to display pre–election campaign materials on historical or cultural monuments, buildings, constructions and rooms included in the relevant state register, as well as in rooms used by election commissions, in the voting rooms and their entrances.

88.9. If the election commission has the information about distribution of spurious printed, audiovisual and other pre-election campaign materials or violation of rules defined by paragraphs 3,4,7, and 8 of this Article, election commission must take necessary measures, and must apply to law enforcement and other bodies to stop such campaign activities which contradict the law and to remove the pre-election campaign materials distributed illegally.

Article 89. Preventing Abuse to Conduct Pre-Election Campaign.

89.1. It is prohibited to abuse the mass media during the conduct of pre-election campaign. Pre–election programs (pre-referendum calls) of registered candidates, political parties, blocks of political parties and campaign groups on referendum, meetings and pre –election campaign materials distributed by mass media and speeches must not contain incitements to capture the government by force, to change the constitutional system by force, to violate the territorial integrity of the country, to insult citizens honor and dignity. It is prohibited to abuse the mass media using methods, which incite social, racial, national and religious hostility or other campaign forms that prohibited by law. It is prohibited to conduct campaign which violate intellectual property rights.

89.2. Candidates, registered candidates, political party, block of political parties, campaign group on referendum and their agents as well as other persons and organizations who participates in pre-election campaign directly or indirectly are prohibited from:

89.2.1 giving money, giving gifts and other valuable things to voters, except for performance of organizational works;

89.2.2 rewarding the voters who performed organizational works, or promising to reward them depending on results of voting;

89.2.3 selling goods at a discount, providing goods (except printed materials) free of charge;

89.2.4 providing free or discounted services;

89.2.5 influencing to the voters during the pre-election campaign by promising them securities, as well as other goods, money and other services that contradict the legislation.

89.3. Registered candidates, agents and authorized representatives of political parties, blocks of political parties as well as their founders, owners, and members of managing bodies, initiators of established campaign groups on referendum, or legal entities, persons and organizations, which are mentioned as authorized representatives of such groups and their commercial and other activities can be advertised according to the rules mentioned in the Articles 82.3, 85.4 and 86 of this Code from the relevant election funds. Such advertisement should be terminated 24 hours prior to the voting day.

89.4.If TV and radio companies and periodicals mentioned in the Articles 78.1 and 78.4 of this Code participate in the pre-election campaign and do not create conditions for registered candidate, before the pre-election campaign finishes, to defend his/her prestige, dignity and honor or to disprove misinformation about him/her during the pre-election campaign, TVs, radio companies and periodicals must prevent distribution and broadcast of information which impugns the prestige, dignity and honor of the candidate. If TV and radio companies and periodicals mentioned in the Articles 78.1 and 78.4 of this Code do not provide a registered candidate with conditions to defend his/her prestige, dignity and honor on the air and periodicals by the end of the pre-election campaign, TV and radio companies and periodicals and their high officials can be subject to liability established by legislation.

89.5.If registered candidate, political party, block of political parties, and campaign group on referendum violate paragraph 1 of this Article, the relevant election commission must apply to the court to cancel the registration of candidates, single list of candidates, campaign group on referendum, other state bodies can use this right as well. If registered candidate, political party, block of political parties, and campaign group on referendum violate other rules defined by this Code for conduct of pre-election campaign relevant election commission warns by its decision registered candidates, political party, block of political party, and campaign group on referendum or applies to the relevant law enforcement and other bodies to stop illegal campaign, at the same time, can cancel the decision about the registration of candidate, single list of candidates, campaign group on referendum. The relevant decision of election commission is published on press.

89.6.Law enforcement and other state and municipal bodies must take measures to prevent illegal pre-election activities and production of spurious and illegal pre-election publications, audiovisual and other pre-election campaign materials,, must find out producers and financial sources of these materials, and inform relevant election commission about this.

89.7.If TV, radio companies and periodicals violate the rules for pre-election campaigning defined by this Code, relevant election commission has the right to apply to law enforcement bodies, court and the relevant executive authorities with a request to stop illegal pre-election campaigning, and to take necessary measures about these companies and periodicals and their officials. For this purpose, ~~special~~ (relevant) working groups can be established within election commissions. The working groups established within the Central Election Commission observe pre-election campaign conducted in the mass media outlets indicated in Articles 78.1. and 78.2. of this Code and the working groups established within the Constituency Election Commission observe pre-election campaign conducted in the mass media outlets indicated in Articles 78.3. and 78.4. of this Code. A member of the relevant election commission should ~~lead~~ (head/or manage) the working groups

CHAPTER Fourteen. Financing Elections

Article 90. Financing Preparation and Conduct of Elections

90.1.Preparation and conduct of elections (referendum) (hereafter referred to as –elections), and the activities of election commissions during their term of office are financed from the state budget. Expenses mentioned above are considered by the state budget in accordance with the budget division of the Republic of Azerbaijan.

90.2.Funds allocated for preparation and conduct of elections are transferred to the relevant bank account of the Central Election Commission within 10 days after the decision to determine elections has been officially published.

90.3.If the budget has not allocated the required amount of money for preparation and conduct of elections or money was not transferred in time or fully, the Central Election Commission has the right to declare a tender for taking credit from banks. In this case, the total amount of money required for preparation and conduct of elections cannot be more than the total amount of money required on the day of official publication of decision to determine previous elections. The relevant executive authority must undertake obligations to return the credit (including interest) not later than 10 days after Central Election Commission makes request. The received credits, including interest, are paid back from the state budget. Amount of covering such credits is approved annually according to the law on state budget.

90.4.The Central Election Commission transfers funds requires for preparation and conduct of elections to the Constituency Election Commissions at least 90 days prior to the voting day, and the Constituency Election Commissions distribute the received funds among the Precinct Election Commissions at least 10 days prior to the voting day. In case of additional elections, or if funds have not been transferred in time or completely, election commissions distribute and transfer funds on their receipt.

90.5.The chairpersons of the election commissions give instructions on how to use these allocated funds for preparation and conduct of elections, and they are responsible for ensuring that financial statements correspond with the decisions of election commission and for submission of financial statements on expenses according to the rules and period defined by this Code.

90.6.Unused funds of the election commissions should be transferred to the account of the Central Election Commission at latest within 60 days after the Election Day to be used for purposes defined by this Code and should remain in this account. Unused credits are returned to the relevant bank, which allocated them, by the Central Election Commission at least within three months after the final results of elections are officially published.

Article 91. Election (Referendum) funds of Candidates, Registered Candidates, Political Parties, Blocks of Political Parties and Initiative Groups on Referendum

91.1. To finance activities of candidates, registered candidates, political parties, blocks of political parties and campaign groups on referendum election (referendum) funds (hereafter referred to as election funds) are created.

91.6. The following are prohibited from rendering voluntary donations and assistance to election funds of candidates, political parties, blocks of political parties, and campaign groups on referendum:

91.6.1. Foreign countries and foreign legal entities;

91.6.2. Foreign citizens;

91.6.3. Persons without citizenship;

91.6.4. Citizens who are under 18 years of age;

91.6.5. Legal entities of the Republic of Azerbaijan, if on the day of official publication of the decision to define elections, more than 30% of the charter capital of the legal entity of the Republic of Azerbaijan belongs to the persons mentioned in subparagraphs 1, 2, and 3 of this paragraph;

91.6.6. International organizations and international public movements;

91.6.7. State bodies, and municipalities;

91.6.8. State and municipal organizations and offices;

91.6.9. If on the day of official publication of the decision to define elections, legal entities, with more than 30% of the charter capital belonging to state or municipality;

91.6.10. Military units;

91.6.11. Charitable organizations, religious associations, offices and organizations;

91.6.12. Anonymous donation provider who does not indicate one of the following pieces of information:

for citizen:

· Name, surname, middle name;

· Series and serial number, date of issue, of his/her identification document or a document substituting it;

· His/her address;

· Birth of date;

For legal entity:

· Identification number of taxpayer;

· Name;

· Date of registration;

· Bank account;

· About shares owned by state or municipalities in their charter capital and their amount, and amount of foreign shares in their charted capital – misinforming or not informing thereabout

91.7. Candidate, registered candidate, political party, block of political parties, and campaign group on referendum have the right to give instructions on how to use the election fund created by themselves. Election funds should be spent for special purposes. They can be used only for the following purposes:

91.7.1. To finance organizational-technical actions for collection of signatures, to support nomination of candidates and list of candidates and to get approval for becoming a member of a referendum campaign group, as well as to pay for relevant signature collectors;

91.7.2. To pay expenses regarding pre-election campaign, as well as information and consulting services;

91.7.3. Expenses regarding other works during the pre-election campaign performed by legal entities and citizens;

91.8 Candidates, registered candidates, political parties, blocks of political parties, campaign groups on referendum use money transferred to their election funds accounts in accordance with the rule defined by this Code up to the voting day. Candidates, registered candidates, political parties, blocks of political parties, campaign groups on referendum are prohibited from using other funds, besides the election funds, for the purposes mentioned in paragraph 7 of this article. These rules, except the cases mentioned in the Articles 55.3 and 70.8 of this Code, do not concern the funds used by the political parties for their other purposes not related to the election campaign and not considered pre – election campaign.

Article 92. Special Election (Referendum) Accounts

92.1. Special election (referendum) accounts (hereafter referred as election accounts) is opened in relevant bank to form election fund. This account must be opened at the latest 24 hours prior to the collection of voters’ signatures, which is necessary for registration of candidate (list of candidates), and a campaign group on referendum. Candidate, political party, block of political parties and campaign group on referendum can open only one special account.

92.2. The relevant bank must open special election account for candidate, political party, block of political parties, and campaign group on referendum after they submit documents established in accordance with the rule defined by this Code. Bank operations and services for opening bank account are free. No interest or charges are paid to the bank for use of funds available in a special election account. All funds are transferred in manats to special election account.

92.3. All financial transactions of registered candidates, political parties with registered candidate (list of candidates), blocks of political parties, initiative groups on referendum are stopped on voting day.

92.4 The relevant bank with the instruction of the relevant election commission stops financial transactions to pay expenses from the specific election accounts of candidates, registered candidates, political party, block of political party and a campaign group on referendum in the following cases:

· If necessary documents for registration defined in accordance with the rule in this Code was not submitted to relevant election commission or person refused to be registered;

· If the person who wanted to become a candidate withdraws his/her application of consent or candidacy;

· If initiators of campaign group on referendum apply to the relevant election commission to withdraw their membership from this group and in this case, if the number of initiators of campaign group on referendum is less than the number defined in the Article 63 of this Code; or

· if decision was made to cancel the registration.

Article 93. Basis for Prolonging of Financial Operations

93.1. The Central Election Commission can prolong the period of financial operations based on the appeal (request) of candidate, registered candidate, political party, block of political parties and campaign group on referendum in the following cases:

93.1.1. For covering expenses of candidate, political party with registered candidate (list of candidates) block of political parties and campaign group on referendum for the implemented activities, before they received refusal of registration; if a candidate withdraws his/her application on his/her consent to be a candidate; or if a political party and block of political parties withdraw their candidacy; political party and block of political parties withdraw their candidate (list of candidates); when initiators of campaign group on referendum apply to the relevant election commission to leave from membership of this group and if, in such case, the number of initiators of campaign group on referendum is less than the number identified in the Article63 of this Code; for covering expenses of work performed before signature sheets and other documents for registration are submitted within the period defined by this Code;

93.1.2 In connection with payment of costs for works done (performed) by

· A candidate, who withdrew his/her candidacy;

· Political parties, block of political parties that withdrew its registered candidate (list of candidates);

· A candidate whose registration was cancelled;

· Political parities, block of political parties, referendum campaign group, single list of candidates of which was cancelled,

and spent for implementation of their activities before the decision on refusal of registration of the candidate, list of candidate was made.

93.1.3 other cases, which require covering the expenses spent for the actions up to the Election Day by registered candidate, political party, block of political parties, and campaign groups on referendum.

Article 94. Voluntary Donations to Election (Referendum) Fund

94.1. Voluntary donations to the election fund of candidate, registered candidate, political party, block of political parties, and campaign group on referendum are transferred through the post offices, banks and credit organizations. These donations are accepted only from the citizens of the Republic of Azerbaijan and they should contain the following information about them:

· Name, surname, middle name;

· Date of birth;

· Address

· Batch and serial number of identification document or a document which substitutes it.

94.2. Voluntary donations of legal entities are received by bank transfer to the election fund of candidate, political party, block of political parties, and campaign group on referendum recording the following information:

· Whether legal entities have state, municipal or foreign share in their charter capital;

· Its name;

· Date of registration, identification number of taxpayer;

· Bank account information.

94.3. Voluntary donations of physical and legal entities are transferred to the specific election account through post offices and banks not later than next banking day after they receive the relevant payment document. In this case, period for bank transfer cannot be more than 2 days.

94.4. Candidate, registered candidate, political party, block of political parties, campaign group on referendum have the right to return any donations to the donator, except for anonymous ones.

94.5. If donations are transferred to the election funds of candidates, registered candidates, political parties, blocks of political parties, and initiative groups on referendum by citizens or legal entities who do not have right to do that, or if amount of donation is more than the amount mentioned in this Code, the candidate, registered candidate, political party, block of political parties, and campaign groups on referendum must return the whole amount or a part of it which exceeds the required amount to the donator within 10 days after its receipt, indicating the reasons for bank transfer and deducting expenses for transfer.

94.6. Candidate, registered candidate, political parties, block of political parties, and campaign group on referendum are not responsible for accepting the donations due to the inaccurate information mentioned in paragraphs 1 and 2 of article only when they did not receive the information about inaccurate documents in time.

94.7. Anonymous donations are transferred to the state budget by the candidate, registered candidate, political party, block of political party, and campaign group on referendum within 10 days after receipt of such donations.

94.8. Citizens and legal entities can assist to nomination and election of candidate, registered candidate, single list of candidates by transferring donations to the relevant election funds.

94.9. If candidates, registered candidate or political party, block of political parties, campaign group on referendum or their authorized representatives on finance do not agree officially, it is prohibited:

· To render paid services regarding the elections;

· To sell goods;

· To provide services and to cover expenses for that from election fund.

Legal entities, their branches, representations and other organizations are prohibited from rendering assistance free or at a baseless discount regarding the elections and referendum.

94.10. A citizen can render free, voluntary assistance to the candidate, registered candidate, political party, block of political parties, and campaign group on referendum him/herself, not inviting third person during the election campaigning.