|
Strasbourg, 28 November 2002
|
CDL (2002) 147 Engl. only
|
|
Opinion no. 214/2002
|
|
EUROPEAN COMMISSION
FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
DRAFT REVISED ELECTION CODE OF
THE REPUBLIC OF AZERBAIJAN
REVISED ELECTION CODE OF THE REPUBLIC OF AZERBAIJAN
The will of the people of the Republic of Azerbaijan
constitutes the basis of the Republic of Azerbaijan’s State Power. The will of
the people of Azerbaijan Republic is expressed in fair and regular 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 State
guarantees free expression of the will of the people of Azerbaijan Republic by
protection of principles 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
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 and citizens of the Republic of Azerbaijan with purpose to call
or not to call upon to the referendum participants to participate at 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 Republic of Azerbaijan calling or having the purpose
to call upon to citizens of the Republic of Azerbaijan to participate in the election, to vote for one or another candidate.
Referendum – voting of the citizens of the Republic
of Azerbaijan on the issues determined by the Constitution of the Republic of
Azerbaijan;
Elections – elections of deputies of the Milli Majlis
of the Republic of Azerbaijan, the President of the Republic of Azerbaijan,
members of municipalities in the Republic of Azerbaijan held on the basis of
the Constitution of the Republic of Azerbaijan and the present Code;
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
Republic of Azerbaijan, President of the Republic of Azerbaijan and a
municipality member, or other methods of carrying out of an initiative in
accordance with provision provided for in this Code;
Identification document – identification
document or an official document with the citizen’s photo, indicating the name,
patronymic, surname, date of birth and place of residence of the citizen.
Voter – a citizen of the Republic of Azerbaijan
possessing 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 – to elect deputies of the Milli Majlis of
the Republic of Azerbaijan, President of the Republic of Azerbaijan, members to
municipalities and the right to be elected to the same bodies and as a
President of the Republic of Azerbaijan, as well as the right to participate in
nomination 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 voting, and in
carrying out of other election (referendum) actions.
Election (referendum) commissions - collective bodies
organizing and providing realization of elections (referenda) and being formed
in accordance with provisions set forth in this Code;
Block of political parties – joining of two or
more political parties, with the same rights as political parties during
election, for joint participation in elections;
Election constituency – geographical unit,
established in accordance with this Code, where the registered voters elect a
representative (representatives) to any elective state body;
Candidate – person nominated for member of the Milli
Majlis of the Republic of Azerbaijan, President of the Republic of Azerbaijan,
member of municipality in accordance with this Code;
Registered candidate – person registered for member
of the Milli Majlis of the Republic of Azerbaijan, President of the Republic of
Azerbaijan, member of a municipality in accordance with this Code;
Initiators of a referendum campaign group – citizens
of the Republic of Azerbaijan 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 Republic of Azerbaijan 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 (lack of
actions) related to elections (referendum);
Voter lists – list of citizens of the Republic of
Azerbaijan living in the territory of the relevant election (referendum)
precinct of an election (referendum) constituency having suffrage;
Signature sheets – lists with voters’ signatures
directed to support either one or another candidate during election, or about
membership of a referendum campaign group for the purpose of participating in
pre-referendum campaign;
Observation – preparation of expert opinion based on
gathering and assessment of information;
Observers – persons appointed by political parties,
non-governmental organizations,
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 – person acquiring
the right to observe elections (referenda) and representing a foreign or
international organization;
Persons having the right to participate in conducting
of election (referendum) actions – observers, international (foreign)
observers, agents, authorized representatives, media representatives;
Elective bodies – the Milli Majlis of the Republic of
Azerbaijan, the President of the Republic of Azerbaijan, 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;
Distant and impassable places – settlements
located in mountainous places, or which are in more than 2 hours drive from the
closest election precinct due to natural factors;
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), by means of press, TV and Radio broadcasting and other
mass media means, allowing everyone to get familiar with these decisions, or
announcing them through posting on notice boards.
2.1
Citizens of the Republic of Azerbaijan participate 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 Republic of Azerbaijan in
elections and referenda is free and voluntary. Nobody has the right to put
pressure upon a citizen of the Republic
of Azerbaijan to participate or not in elections and referendum and nobody can
impede him to express his will freely.
2.3
Citizens of the Republic of Azerbaijan residing outside the
Republic of Azerbaijan have full suffrage during holding of elections and
referenda. During holding of elections and referendum, diplomatic
representations and consulates of the Republic of Azerbaijan should facilitate
implementation of rights of citizens of the Republic of Azerbaijan envisaged in
Articles 3 and 56 of the Constitution of the Republic of Azerbaijan.
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.
Irrespective to their race, nationality, religion,
language, gender, origin, property status, office position, persuasions,
belonging to political parties, trade unions and other public unions, or other
status, Azerbaijan Republic’s citizens have the right to elect, to be elected
and to participate in referendum.
4.1 Azerbaijan
Republic’s citizens participate in elections and referendum on equal terms.
4.2 Each
citizen of the Republic of Azerbaijan has a single vote during each voting.
4.3 Any
vote of citizens of the Republic of Azerbaijan has equal validity.
5.1
Citizens of the Republic of Azerbaijan personally vote for a
candidate during elections,
and for or against issues to be discussed by referendum.
5.2
Voting in place of other persons is prohibited.
Voting during elections and referenda must be secret and
any control on expression of a voter’s will should be excluded.
7.1
It is obligatory to hold elections to elective bodies within
time periods indicated in the
Constitution of the Republic of Azerbaijan 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 Republic of Azerbaijan.
Elections (referenda) are announced no later than 120 days
before voting day.
9.1 Active
suffrage is exercised in the election precincts covering permanent place of
residence of the Republic of Azerbaijan’s citizens, in accordance with Article
44.2 of this Code.
9.2 The
citizens of the Republic of Azerbaijan, who left their residence places due to
war or natural disasters, shall exercise their active suffrage in the order
established by the Central Election Commission.
10.1
Citizens of the Republic of Azerbaijan can vote for only one
candidate when participating in elections, except for municipal elections.
10.2
When participating in referendum, citizens of the Republic of
Azerbaijan can give only one answer to each question to be discussed by
referendum.
11.1
State secures free conduct of pre-election (pre-referendum)
campaign for citizens,
political parties, and referendum campaign groups.
11.2
Citizens, political parties, referendum campaign groups have
the right to call on voters to participate in elections (referendum), to
conduct pre-election (pre-referendum) campaign in the form of appeals for a
candidate and for or against an issue to be discussed by referendum, and to
vote for or against any registered candidate and an issue to be discussed by
referendum, in the manner and method allowed by Law.
11.3
State 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 75-86 of this Code.
12.1
Except for the cases stipulated by Article 56 of the
Constitution of the Republic of
Azerbaijan and by Article 14 of this Code, every citizen
of the Republic of Azerbaijan, who attained 18 on the day of Presidential,
Parliamentary and Municipal elections, has the right to elect, 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.
12.2
Stateless persons meeting requirements indicated in Article
12.1 of this Code and
permanently residing in the Republic of Azerbaijan for not
less than 5 years, have the right to vote during Presidential, Parliamentary
and Municipal elections and referenda.
12.3
Foreign citizens meeting requirements indicated in Article
12.1 of this Code and residing within a relevant municipal territory for not
less than 5 years, have the right to vote at municipal elections.
Except for the cases stipulated by Article 56 of the
Constitution of Azerbaijan Republic and by this Code, every citizen of the
Republic of Azerbaijan, having active suffrage, has the right to be an
initiator of a referendum campaign group, and to be elected to elective bodies
if he/she meets requirements of the Constitution of the Republic of Azerbaijan
and this Code concerning candidates for Presidency and candidates to Milli
Majlis and municipality. .
12.4
Pursuant to Part 2 of Article 56 of the Constitution of the
Republic of Azerbaijan, persons recognized as incapacitated by a court decision
do not have active suffrage to participate in elections as well as in
referendum, i.e. do not have the active suffrage.
12.5
Limitations related to the passive suffrage shall be
established by Articles 56, 85, 100 of the Constitution of the Republic of
Azerbaijan and by this Code.
14.1. Pursuant to Part 3 of Article 56 of the
Constitution of the Republic of Azerbaijan the
following persons do not have passive suffrage to be
elected as deputy of the Milli Majlis, President, member of a municipality, to
create referendum campaign groups, i.e. they do not have the passive suffrage:
14.1.1 Citizens
of the Republic of Azerbaijan with dual citizenship;
14.1.2 military
servants;
14.1.3 judges;
14.1.4 State
servants;
14.1.5 clergymen;
14.1.6 people
sentenced to deprivation from freedom
by court decision, which has entered into force
14.1.7 persons
who did not completely serve their sentences or not remitted from the sentences
14.1.8 irrespective
to complete serving or remission of sentence, persons sentenced for the crimes
indicated in Articles 15.3 – 15.5 of the Criminal Code of the Republic of
Azerbaijan;
14.1.9 other
persons specified by Article 213 of this Code.
15.1
Taking into consideration the exceptions provided for in
Article 12.3 of the Code, foreign citizens do not possess active or passive
suffrage in the Republic of Azerbaijan.
15.2
Stateless persons do not possess passive suffrage in the
Republic of Azerbaijan.
15.3
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. This fact does not restrict the rights of foreigners and
stateless persons to freedom of opinion and free gathering.
15.4
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. This does not restrict the rights of foreigners and stateless
persons to freedom of opinion and free gathering.
15.5
The foreigners, stateless persons and foreign legal entities
which fail to follow the
requirements shall be subject to liability in accordance
with Law.
Article 16. Non-participation of citizens of the Republic of Azerbaijan in
voting
15.6
Citizens of the Republic of Azerbaijan, who are in airports or
traveling by planes, or are in expeditions in the voting day, do not
participate in voting.
16.1
If no precinct election commissions are established in the
ships, which navigate on the
voting day in accordance with Article 34.4 of this Code,
the citizens of the Republic of Azerbaijan being on these ships do not
participate in voting.
15.7
If no precinct election commissions are established according
to Article 34.4 of this Code on the voting day on oil-production platforms
located in the Azerbaijani sector of the Caspian Sea, the citizens of the
Republic of Azerbaijan being on the platform do not participate in voting.
15.8
If neither Azerbaijani Diplomatic Representation nor Consulate
is in the foreign country, or no precinct election commission is established
according to Article 34.6 of this Code in the Azerbaijani Diplomatic
Representation or Consulate, the citizens of the Republic of Azerbaijan being
in this foreign country do not participate in voting.
15.9
Citizens of the Republic of Azerbaijan being in foreign
countries on the voting day, do not participate in elections of deputies to
Milli Majlis or municipal elections.
16.2
Voters being in the ships navigating on the election day,
staying in hospitals, sanatoriums, rest homes, oil-production platforms located
in the Azerbaijani sector of the Caspian Sea, and in other such places located
outside the boundaries of the election constituencies where they are
registered, do not participate in elections of deputies to Milli Majlis or
municipal elections.
17.1 Elections
and referenda in the Republic of Azerbaijan shall be organized and held by
election (referendum) commissions.
17.2 Within the
authorities established by this Code, election (referendum) bodies – election
(referendum) commissions shall ensure the preparation and holding of elections (referendum), determination of
voting results and election (referendum) outcomes, realization and protection
of citizens’ suffrage, and control the observation of the mentioned rights.
17.3 Within the
boundaries of authority established by this Code, election (referendum)
commissions do not depend on State bodies, municipal institutions, political
parties, non-government organizations and other public organizations, other
legal entities and physical persons with regard to preparation and holding of
elections (referendum). The above-mentioned bodies and organizations, and their
officials are not allowed to intervene in the activity of election (referendum)
commissions. Persons intervening in or influencing the work of election
(referendum) commissions shall bear administrative or criminal liability.
17.4 Decisions and acts adopted by election (referendum) commissions
within their authorities established by this Code shall be obligatory for
municipalities functioning within the relevant territory, candidates,
registered candidates, political parties, non-governmental organizations, other
public organizations, referendum campaign groups, officials and voters.
17.5 Within the
authorities established by this Code, election (referendum) 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 (referenda), 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 (referendum) commissions. The State
guarantees security and non-dissemination of information on voters.
17.6 During
organization and holding of elections (referenda), election (referendum)
commissions, their members and other officials shall follow the requirements,
when undertaking their activities as given below:
17.6.1 organization and holding of elections
(referenda) should be based on the Law; laws must be implemented fully, equally
and impartially;
17.6.2 every political party, referendum campaign
group, candidate, voter and other participants of election (referendum)
campaign should be treated fairly and equally.
17.6.3 attitude towards a candidate, political
party, referendum campaign groups and voter should be neutral and impartial;
17.6.4 should not admit any actions directed to or
that can be understood as support of any candidate, political party, referendum
campaign group;
17.6.5 should not admit a conflict of official and
personal interests as an administrator of elections (referenda);
17.6.6 should not take any presents or gifts from
participators of election (referendum) campaign;
17.6.7 should not execute directions or
instructions, which are illegal and contradicting their duties;
17.6.8 should not take part in any actions and acts
that conflict with their duties;
17.6.9 should not take part in activity (including
private activity) that can lead to a preconceived attitude towards any candidate,
political party, referendum campaign group;
17.6.10 should not express its position within any
political disputes related to elections (referenda);
17.6.11 should not have any relation with voter
concerning the matters of political nature;
17.6.12 should not carry or disseminate symbols or
somehow express their attitude to any political party;
17.6.13 should not comment, based on own conclusion,
on the decisions made;
17.6.14 should make possible acquirement of the
information that can affect taking of any decision;
17.6.15 should not create opportunities for voters,
persons, who have right to participate in conduct of election (referendum)
actions and to get acquainted with documents and information based on Law;
17.6.16 should guarantee collection, investigation,
and distinct, clear and regular publication of information;
17.6.17 should take possible measures to ensure
voters’ participation in elections (referendum);
17.6.18 should ensure correct understanding of
election (referendum) campaign by voters;
17.6.19 should create all opportunities for
participation of disabled voters or voters with other physical deficiencies
living in distant or almost impassable places and who need special voting
conditions
17.7 Following
the provisions mentioned in Articles 17.6.11., 17.6.13., 17.6.14. of the
present Code by the persons indicated in Article 17.6. of this Code is
optional. Violation of other provisions is subject to liability under the
Criminal Code, Code of Administrative Offences of the Republic of Azerbaijan
and this Code.
Article
18. Structure (system?) of election (referendum) commissions
18.1 Structure of
election (referendum) commissions includes the following commissions:
18.1.1 Central Election (Referendum) Commission of
the Republic of Azerbaijan (hereinafter – Central Election Commission)
18.1.2 constituency election (referendum) commissions
(hereinafter - constituency election
commissions)
18.1.3 precinct election (referendum) commissions
(hereinafter - precinct election commissions)
18.2 Central
Election Commission manages the activity of election commissions.
18.3 Election
commissions are standing State bodies functioning in accordance with Articles
3, 83, 101 and 142 of the Constitution of the Republic of Azerbaijan.
19.1 Election
commissions function collectively;
19.2 Relevant
election commission assembles for its first meeting not later than 5 days after
appointment of members with decisive voting right.
19.3 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, or if the chairman is absent,
the oldest member of the commission chairs its first meeting.
19.4 Election
commissions take decisions within their authority.
19.5 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.
19.6 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).
19.7 Members of
election commissions shall be informed on meeting of the constituency election
commission by the chairperson of the commission at least 3 days prior to the
meeting. On the election day and 5 days prior to the election day, this period
shall constitute 24 hours.
19.8 For validation
of the meeting of the election commission at least two thirds of its members
with decisive voting right should be appointed.
19.9 A meeting of
election commission is considered valid upon attendance of two thirds of the
members with decisive voting right.
19.10 Any issue,
raised by a request of a member of election commission or any member of a
superior election commission attending the meeting, and related to the
authority of the commission and relevant to approved agenda, should be voted
upon.
19.11
Upon requirement of one third of the commission members, any
issue related to
elections shall be included in agenda of the election
commission based on the members’ written application addressed to the
chairperson of the commission.
19.12 Minutes of all
meetings of election commissions shall be taken, and all documents entering the
commission shall be registered.
19.13 Decisions of
election commission and minutes of its meetings shall be signed by commission
chairperson and secretaries. Minutes of meetings of an election commission
shall be approved at the next regular meeting of the commission.
19.14 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 minutes. Special opinion 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.
19.15 In connection
with carrying out of works related to preparation and holding of elections
(referenda), election commission can hire non-staff workers based on labor and
civil contract, and within funds allocated from budget for the mentioned
activities.
19.16 During the period of preparation and holding of
elections, broadcasting organizations, mentioned in Article 77.2. of this Code,
shall provide the Central Election Commission 15 minutes free air 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 and to
respond voters’ questions; the broadcasting organizations, mentioned in Article
77.3. of this Code shall provide not less than 10 minutes free air
(broadcasting) time to constituency election commissions for the same purpose.
19.17 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.
20.1 During the
week indicated in Article 77.1. of this Code, editorial offices of periodicals
that have at least one issue 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.
20.2 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.
21.1 Registered
candidates, political parties and blocks of political parties that nominated
their candidates during elections, and referendum campaign groups during
referendum can appoint one citizen of the Republic of Azerbaijan with active
suffrage as a representative of a relevant election commission with
consultative voting right.
21.2 A member of
the election commission with consultative voting rights that represents the
candidate nominated by a political party or block of political parties, shall
be appointed by that political party or block of parties.
21.3 Within 3
days, the relevant election commission shall approve the representatives, nominated by registered candidates,
political parties and blocks of political parties and referendum campaign
groups that nominated their candidates.
21.4 If political
parties or referendum campaign groups are merged, in this case, all other
representatives except one shall be
recalled from election commissions. If a political party or referendum campaign
group does not meet this requirement, the relevant election commissions exclude
these persons and have to be recalled from the commission, on the basis of
their own considerations.
22.1 Elected
members and officials of State power bodies and municipalities (except for
judges indicated in Article 24.2 and members of election commissions specified
in Article 36.3 of this Code), members of political parties, initiators of
establishment of referendum campaign groups, authorized representatives and
agents of candidates, registered candidates, as well as political parties and
blocks of political parties nominated a candidate, , 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
who committed violations of election legislation, which have been confirmed by
court cannot be a member of election commission with decisive voting right.
22.2 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.
22.3 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:
22.3.1 on submission of written application for resignation;
22.3.2 when
there are grounds provided for in paragraph 1 and 2 of this Article.
22.4 Powers of a
member of election commission with decisive voting right shall immediately be
terminated in the following cases:
22.4.1 becoming a candidate for the post of
President, deputy of the Milli Majlis or for a member of municipality;
22.4.2 being a member of a political party;
22.4.3 if he is a close relative or an agent of
candidates for the post of President of the Republic of Azerbaijan, for
deputies of the Milli Majlis of the Republic of Azerbaijan, for a candidate of
a municipality, and if he passes to direct subordination to the mentioned
officials and political parties;
22.4.4 if they are authorized representatives, agents
or observers of candidates for the post of President of the Republic of
Azerbaijan, for deputy of the Milli Majlis of the Republic of Azerbaijan,
initiative groups of voters, referendum campaign groups, municipalities,
political parties;
22.4.5 when he/she lose his/her citizenship of the
Republic of Azerbaijan or if he is a citizen of other country;
22.4.6 when accusatory court verdict comes into
force;
22.4.7 when he/she is recognized by court decision
that has come into force as incapacitated, with limited incapacity, considered
missing or dead;
22.4.8 when the decision on fulfillment of his/her
duties on non-regular basis or by violating provisions of Articles 17.6 and
17.7 of this Code, is approved by the court decision;
22.4.9 when he/she violates requirements of the
election legislation.
22.5 A member of
the election commission can neither be dismissed from his/her position, nor
his/her authorities be terminated, except for cases established in Articles
22.3 and 22.4 of this Code.
22.6 In the place
of the member with decisive voting right, who has left election commission in
the cases mentioned in the Code, a new member shall be appointed by the body
that had appointed the member, 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 Articles 22.3 and 22.4 of
this Code.
22.7 Election
commissions members shall bear liability established by Azerbaijan Republic’s
legislation for officials for violation of requirements of this Code.
22.8 A member
with decisive voting right preserving his/her state or municipal position
indicated in articles 24.2 and 36.2 of this Code 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.
22.9 A member of
an election commission with consultative voting right has the same rights as 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 and the right to sign decisions of the
relevant election commission.
22.10 Members of
election commissions with decisive and consulting voting right:
22.10.1 are timely informed about meetings of the relevant election commission;
22.10.2 can give proposals on
issues related to authorities of the relevant election commission, make a
speech in the meeting of election commission and suggest voting on these
issues;
22. 10.3 can ask questions to
other participants of the meeting of election commission related to the agenda
issues and get answers on them;
22. 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;
22. 10.5 can complain of
decisions or action (lack of action) of election commission to a relevant
superior election commission and to court, in the manner defined in this Code;
22.11 Authorities
of members of election commission with consulting voting right are terminated
in 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, their authorities are terminated only after making decision by the
superior election commission or the court.
22.12
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 Republic of Azerbaijan can participate in
actions of the election commissions related only to elections to the Milli
Majlis of the Republic of Azerbaijan, 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.
22.13
Authorities of a member of an election commission with
consulting voting right can be terminated or given to other person by decision
of the person or political party or block of political parties, that appointed
the member.
23.1 The term of election commissions’ authority is 5 years.
23.2 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 (or a court) 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 Court of Appeal
of Azerbaijan Republic. The complaint shall be accepted immediately for
consideration and a relevant decision shall be made not later than a week
after. Within at least a week after coming into force of a decision of the
Court of Appeal of Azerbaijan Republic on the issue, a relevant lower election
commission should be formed.
23.3 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.
24.1
Members of the Central Election Commission are elected by the
Milli Majlis. The Central Election Commission shall consist of 21 members.
24.2
1/3 of members of the Central Election Commission shall
represent the political party
nominating them, deputies of which constitute majority in the
Milli Majlis. 1/3 of members of the Central Election Commission shall represent
the non-partisan deputies, which nominate them, and 1/3 shall represent the
political parties nominating them, deputies of which obtained minority in the
Milli Majlis. The non-partisan deputies shall be presented in the Central
Election Commission by independent lawyers, nominated by them. Nomination of 2
independent lawyers shall be agreed among the interested parties: 1 of the
nominees be agreed with representatives of the political party deputies of
which elected by a nationwide constituency and constituting majority in the
Milli Majlis, and the other nominee be agreed with representatives of the
political party deputies of which elected by a nationwide constituency and
constituting minority in the Milli Majlis. At the same time, each party
mentioned above shall nominate to the Central Election Commission one judge.
The judges shall be involved in the Central Election Commission’s work for the
elections (referendum) period only, and their main position preserved.
24.3
Member of the Central Election Commission cannot represent any
political party.
24.4
Chairman, deputy and secretary of the chairman of the Central
Election Commission are elected by members of the Central Election Commission
by open vote at its first meeting.
24.5
Members of the Central Election Commission should have higher
education.
25.1
The Central Election Commission ensures preparation and
holding of presidential elections, elections of deputies of the Milli Majlis of
the Republic of Azerbaijan, as well as referenda and municipality elections.
25.2
The Central Election Commission carries out the following
general authorities:
25.2.1 supervises
the observation of people’s suffrage during preparation and holding of
elections (referenda), carries out the actions related to financing of
elections (referenda), ensures the identical and correct application of the
relevant Articles of this Code.
25.2.2 considers
within own authorities the complaints related to violation of rules set forth
in the Code, and makes grounded decisions regarding these complaints.
25.2.3 forms
constituency election commissions in accordance with its composition
principles.
25.2.4 manages
the activity of constituency and precinct election commissions;
25.2.5 works
out standards for technical equipment necessary for the activity of election
commissions, approves the standards and supervises their observation;
25.2.6
ensures delivery of ballot papers (referendum ballots)
(hereinafter – the ballot papers), protocols, de-registration cards and other
election (referendum) related documents to the constituency election
commission.;
25.2.7
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;
25.2.8
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 time between registered candidates,
political parties, blocks of political parties and referendum campaign groups, specifies the rules of publication of
voting and referendum results;
25.2.9
distributes funds allocated from the State budget to
preparation and holding of elections (referenda), and supervises their usage
for the specified purpose;
25.2.10
renders legal, methodical, technical and organizational
assistance to election commissions;
25.2.11
approves samples of election (referendum) ballot papers,
voters lists, de-registration cards, voting protocols and other election
(referendum) documents, and insures their preparation and protection; provides
delivery of election (referendum) ballot papers, de-registration cards, voting
protocols and other election (referendum) documents to the relevant precinct
election commissions;
25.2.12
approves rules for storage of election materials and keeping
them in archives;
25.2.13
approves standards for technical supply of election
commissions and supervises their observation; approves samples of seals of
election commissions;
25.2.14
supervises funding of pre-election campaign;
25.2.15
provides voters with information about terms, rules of voters’
action and course of holding of elections (referenda);
25.2.16
supervises ensuring of provision of election commissions with
premises, transport and communication means, and solves other logistic issues
related to elections (referendum);
25.2.17
compiles an integrated voters list together with relevant
executive authorities and local self-governance bodies;
25.2.18
gets information from relevant executive authorities and local
self-governance bodies about issues related to preparation and conduct of
elections;
25.2.19
ensures use of the State Automated Information System on a
basis of identical rules;
25.2.20
registers the observers and provides them with badges of
appropriate design;
25.2.21
carries out other duties in accordance with this Code.
25.3
Within its authorities, the Central Election Commission shall
adopt and publish
regulations and methodical instructions regarding
implementation of this Code.
25.4
The Central Election Commission shall provide all election
commissions with regulations and methodical instructions regarding
implementation of this Code. For easy reading, the mentioned regulations and
methodical instructions shall be posted by the election commissions on notice
boards in the order approved by the Central Election Commissions.
26.1
The Central Election Commission performs the following duties
during preparation and holding of referendum:
26.1.1 supervises
compliance of holding of referendum in compliance with 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 time among referendum campaign group for pre-referendum
campaign on a basis of identical rules;
26.1.5 determines
unified rules for preparation of voting
results;
26.1.6 ensures
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
determines results of referendum and publishes them in press;
26.1.9
organizes holding of repeated voting;
26.1.10
performs other duties in accordance with this Code.
26.2
The Central Election Commission implements the following
duties during preparation and holding of elections to the Milli Majlis of the
Republic of Azerbaijan:
26.2.1 supervises
holding of election to the Milli Majlis of the Republic of Azerbaijan in compliance with this Code;
26.2.2 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;
26.2.3 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;
26.2.4 ensures
supervision on spending of monetary means entered to election funds;
26.2.5 determines
elected deputies among candidates registered in the single-mandate election
constituencies and issues them the relevant verification cards;
26.2.6 officially
publishes results of elections to the Milli Majlis of Azerbaijan Republic,
including protocols of precinct election commissions;
26.2.7 draws
up list of the elected deputies, submits these lists and necessary documents to
the Milli Majlis;
26.2.8 organizes
holding of repeat elections and by-elections for seats of left deputies;
26.2.9 exercises
other duties in accordance with this Code.
26.3
The Central Election Commission performs the following
authorities during preparation and holding of elections of the President of the
Republic of Azerbaijan:
26.3.1
supervises holding of elections of the President of the
Republic of Azerbaijan in compliance with this Code;
26.3.2
registers candidates for Presidency, their agents, authorized
representatives;
26.3.3
issues verification in established form to candidates for
Presidency and their agents;
26.3.4
publishes overall lists of registered candidates;
26.3.5
ensures equal condition for pre-election campaign to all
candidates for Presidency;
26.3.6
ensures observation of pre-election activity conditions,
established by this Code, by all
candidates, registered candidates, political parties and blocks of political
parties;
26.3.7
ensures distribution of air (broadcasting) time among
registered candidates on a basis of identical rules;
26.3.8
ensures supervision on spending of monetary means entered to
the funds of candidates for Presidency;
26.3.9
determines unified rules for preparation of voting results;
26.3.10 determines
the results of Presidential elections;
26.3.11 issues
verification to the candidate elected as the President;
26.3.12 officially
publishes results of Presidential elections, including protocols of precinct
election commissions;
26.3.13 prepares
holding of repeat voting on Presidential elections;
26.3.14 prepares
holding of repeated Presidential elections;
26.3.15 exercises
other duties in accordance with this Code;
26.4
The Central Election Commission performs the following
authorities during preparation and holding of municipality elections:
26.4.1
supervises of holding of municipality elections in compliance with 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
performs other authorities in accordance with this Code.
27.1
A member of the Central Election Commission shall receive
salary from the state budget during the period of his/her authority. If the
member of the Central Election Commission has worked in the Commission for 5
years, then retiring on a pension he/she shall be additionally paid 70% of
amount of salary of the Central Election Commission member. The judges elected
to the Central Election Commission shall be paid 50% of salary amount
identified for members of the Central Election Commission, provided that their
salary from their permanent office is paid.
27.2
A member of the Central Election Commission of the Republic of
Azerbaijan cannot be detained or be subject to criminal liability without the
consent of the General Public Prosecutor or administrative penalties as may be
determined in a court procedure. A member of the Central Election Commission
can be arrested only if he/she is caught in the act of crime. In this case, the
body arresting the member of the Central Election Commission shall immediately
inform the General Public Prosecutor of the Republic of Azerbaijan about the
matter.
27.3
Expenses of a member of the Central Election Commission for
use of inter-cities transport and any
public transport (except taxi and ordered trips) within the country during
elections (referendum) shall be paid from the funds allocated by the Central
Election Commission.
28.1
Duties to members of the Central Election Commission,
including the deputy Chairman and secretary of the Central Election Commission
shall be assigned by the Chairman of the Central Election Commission. Decision
made by the Chairman of the Central Election Commission with this respect may
be repealed by the Central Election Commission;
28.2
The Central Election Commission shall adopt regulations for
the purpose of
determination of its activity.
28.3
Decisions of the Central Election Commission shall be adopted
by open vote as follows: 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 11 of its
members, if 17 members are present - by a majority of at least 12 of its
members, if 18 members are present - by a majority of at least 13 of its
members, if 19 members are present - by a majority of at least 14 of its
members, if 20 or 21 members are present - by a majority of at least 15 of its
members. Instructions or methodical directions on implementation rules of this
Code shall be examined through legal expertise, prior to being approved by the
decision of the Central Election Commission. Opinion of the legal expertise
along with the draft shall be presented to the members of the Central Election
Commission at least 3 days before the voting.
28.4
Decision of the Central Election Commission should be
officially published at the latest 24 hours and the decision shall enter into
force upon publishing.
28.5
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 establishes personnel of the
Secretariat within funds allocated to the Central Election Commission from
State budget.
28.6
The Central Election Commission of the Republic of Azerbaijan
has its official publishing organ.
28.7
The Central Election Commission of the Republic of Azerbaijan
has its own letterheads and a stamp.
29.1
For holding of elections the Central Election Commission forms
125 election (referendum) constituencies (hereinafter – election
constituencies) every 5 years based on the information about the number of
voters actually residing and registered in the relevant territorial units
provided by the municipalities and relevant executive bodies. Election
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 by 125. Election constituencies function as single-mandate
constituencies during the elections of deputies of the Milli Majlis, and as
election territories during the Presidential elections, referendum and
elections of municipal members.
29.2
Voters residing outside the Republic of Azerbaijan shall be
included on the voters lists in election constituencies. Information about the
number of voters permanently residing outside the Republic of Azerbaijan, or
being on long-term business trips and registered in the relevant diplomatic
representations and consulates of Azerbaijan Republic shall be submitted to the
Central Election Commission by a relevant executive power body. Based on the
same information, the Central Election Commission shall approve a list of the
relevant election constituencies for inclusion of the voters on the voters
lists during referendum and Presidential elections. 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 Republic and 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:
29.3.1.1
As a rule, number of voters registered on the territory of
administrative-territorial units of the Republic of Azerbaijan should be
approximately the same under the condition that their number should not be 5 %
more than the average representation norm and 10% more (less) than the average
representation norm in distant places and places having impassable roads;
29.3.1.2
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 the last 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 45 of this Code. The scheme of formation of election constituencies
and their graphic images, as well as proposals on boundaries of election
constituencies shall be prepared by a commission created under the Central
Election Commission and consisting of specialists. If election constituencies
are formed immediately 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 110 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 29.2 of this Code, with indication of foreign countries
where the voters residing outside the Republic of Azerbaijan live.
29.7
At the formation of election constituencies and specification
of scheme of their formation, the State Automated Information System can be
used.
29.8. A unified
election constituency for election of the President of the Republic of
Azerbaijan and conduct of a referendum shall cover the whole territory of the Republic of
Azerbaijan;
29.9. According to
Article 45 of this Code, voters included on the voters list in a constituency
are also considered as voters included on the voters list in the unified
election constituency.
30.1.
If election constituencies are organized immediately before
elections (referendum) they should be organized not later than 90 days before
voting day.
30.2.
Constituency Election Commission shall consist of 9 members.
Members of the Constituency Election Commissions are appointed by the Central
Election Commission.
30.3. Candidacy of
three members to Constituency Election Commission shall be presented by the
members of the Central Election Commission who represent the political party,
deputies of which constitute majority in the Milli Majlis. Candidacy of other
three members to Constituency Election Commission shall be presented by the
members of the Central Election Commission who represent the political parties,
deputies of which constitute minority in the Milli Majlis, and three more
members be presented by the members of the Central Election Commission who represent
the neutral deputies of the Milli Majlis. Candidates to the Constituency
Election Commission can be presented by local branches of relevant political
parties to the members of the Central Election Commission representing
political parties. 2 candidates nominated by the members of the Central
Election Commission who represent the non-partisan deputies in the Central
Election Commission can be agreed with the interested parties: one candidate
with the members of the Central Election Commission who represent the political
party, deputies of which constitute majority in the Milli Majlis, and the other
with the members of the Central Election Commission who represent the political
parties, deputies of which constitute minority in the Milli Majlis.
30.4. 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 members of the Central Election Commission
that represent the court administration.
30.5.Members of election constituency receives an
appropriate verification card from the Central Election Commission.
31.1 The
Constituency Election Commission performs the following general duties:
31.1.1
supervises observation of suffrage of citizens of the Republic
of Azerbaijan on the territory of election constituency.
31.1.2
considers within own authorities the complaints related to
violation of rules set forth in the Code, and makes grounded decisions
regarding these complaints;
31.1.3
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;
31.1.4
names precinct election commissions on the territory of
election constituency and ensures numbering of precinct commissions on the base
of unified rule;
31.1.5
ensures delivery of ballots, de-registration cards and other
election documents to precinct election
commissions;
31.1.6
distributes funds allocated for preparation and holding of
elections (referenda) among precinct election commissions, supervises use of
the funds for the specified purpose;
31.1.7
receives information from the relevant executive authority
bodies and municipalities related to preparation and holding of elections
(referenda);
31.1.8
informs voters about rule and term of performance of election
actions in the course of elections (referenda);
31.1.9
supervises provision of precinct election commissions with
premises, transport and communication means, fulfilment of relevant decisions
made in relation with material and technical supply of elections;
31.1.10
renders organizational and technical assistance to precinct
election commissions on the territory of election constituency on holding of
voting in election precincts;
31.1.11
co-ordinates activity of precinct election commissions;
31.1.12
ensures storage of election (referendum) documents in
accordance with rules approved by the Central Election Commission;
31.1.13
ensures submission of documents related to preparation and
holding of elections (referenda) to the Central Election Commission, including
protocols on outcomes of voting (elections) ;
31.1.14
ensures use of the State Automated Information System on the
territory of election constituency on the basis of a unified rule.
Article
32. Activity Directions of Election Commissions
32.1.
Constituency Election Commissions shall perform the following
duties during preparation and holding of referendum:
32.1.1. registers
referendum campaign groups in cases stipulated by this Code;
32.1.2. determines
results of vote counting in referendum constituency;
32.1.3. cancels
illegal decisions of precinct referendum commissions in referendum constituency
on its own initiative;
32.1.4. ensures
control on spending of election funds of referendum campaign groups in
referendum constituencies;
32.1.5. determines
voting results in referendum constituencies, and gives information about voting
results to the Central Election Commission;
32.1.6. performs
other authorities in accordance with this Code.
32.2.
Constituency Election Commissions performs the following
authorities during preparation and holding of elections of deputies of the
Milli Majlis:
32.2.1. ensures reception
of information about candidates nominated on corresponding single-mandate
election constituency, publishes information about registered candidates;
32.2.2. registers
candidates on single-mandate constituency, their authorized representatives and
agents, cancels their registration and issues them verifications in established
form;
32.2.3. ensures control on
spending of election funds of candidates, registered candidates, political
parties, blocks of political parties on the territory of election constituencies;
32.2.4. ensures
observation of pre-election activity conditions, specified by this Code, for
candidates, registered candidates, political parties, blocks of political
parties on the territory of election
constituencies;
32.2.5. determines
outcomes of elections on single-mandate constituency, provides information to
the Central Election Commission about voting results in single-mandate
constituency;
32.2.6. summarizes and
publishes information from protocols of precinct election commissions on voting
results with indication of election
results in accordance with the rule established in this Code;
32.2.7. holds repeat and
by-elections;
32.2.8. performs other
duties in accordance with this Code.
32.3. The
Constituency Election Commissions finalizes the following regarding preparation
and conduct of the Presidential Elections:
32.3.1.
creates equal conditions for pre-election campaign activities
of the candidates for Presidency within election constituency;
32.3.2.
ensures that all candidates, registered candidates follow
rules of this Code and conditions of pre-election activities established by
other laws within election constituency;
32.3.3.
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;
32.3.4.
performs other duties in accordance with this Code.
32.4.
The Constituency Election Commission implements the following
duties during
preparation and conduct of elections to municipalities:
32.4.1.
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;
32.4.2.
ensures obtaining of information about candidates nominated
for municipality on an election territory, publishes information about
registered candidates;
32.4.3.
registers candidates for member of a municipality, their
authorized representatives, their agents and issues them established sample
verification cards;
32.4.4.
controls that pre-election activities of candidates for member
of a municipality within the constituency can be conducted equally;
32.4.5.
distributes the funds allocated for preparation and conduct of
elections amongst Precinct Election Commissions and controls its expenditure
for election purposes within the election constituency;
32.4.6.
determines the voting results based on information received by
Precinct Election Commissions within the constituency, informs voters and the
mass media about these;
32.4.7.
organizes repeat elections and by-elections;
32.4.8.
performs other duties in accordance with this Code.
33.1
A member of a Constituency Election Commission will be
provided with salary from the State budget, during his/her term of office.
33.2
During elections (referendum) the member of the Constituency
Election Commission
cannot be detained or be subject to criminal
liability or administrative measures as determined by the court, without
consent of a relevant district prosecutor (“district prosecutor” here shall be
understood as the public prosecutor of the district covering the major part of
the election constituency). A member of a Constituency Election Commission can
be arrested only if he/she is caught in the act of crime. In this case, the
body arresting the member of the Constituency Election Commission shall
immediately inform the relevant district prosecutor about the matter.
33.3
Expenses of a member of a Constituency Election Commission for
use of inter-cities transport and any public transport (except taxi and ordered
trips) within the country during elections (referendum) shall be paid from the
funds allocated by the Constituency Election Commission.
Article
34. Organization of the Functions of the Constituency Election Commission
34.1
The Constituency Election Commission shall build its activity
on regulations for the
Constituency Election Commission, adopted by the Central
Election Commission.
34.2
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.
35.1 Election
(referendum) precincts (hereafter referred to as election precincts) shall be
formed every 5 years with the purpose of conducting voting and counting of
votes, taking into account the number of voters registered within the
territories of municipalities. Separate election precincts can be formed before
the abovementioned period expires with a purpose to ensure the conformity of
the requirements of Article 35.3.1. of this Code.
35.3
The following
requirements must be followed when creating the election precinct:
36.3.1 at most 2000 and at least 50 voters must be registered within the
territory
of each election
precinct;
36.3.2. borders of election precincts must not cross the borders of the
constituencies.
35.4
Voting
stations can be created in the places where voters are temporarily located
(hospitals, sanatoriums, rest homes, oil-production
platforms located in the Azerbaijani sector of the Caspian Sea etc.), in the
ships that navigate on the election day (if more than 50 voters are present),
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 voting 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 the territory of which the ship is registered. Such voting stations may
only be created during referendum and Presidential elections.
art of territory of a settlement), list of settlements (if
voting station covers several settlements), places of Precinct Election
Commission and voting stations, and telephone numbers of Precinct Election
Commission should be published by the Constituency Election Commission at least
45 days prior to the voting day. Information about election precincts established
within the period considered by Articles 35.4. and 35.5. of this Code should be
published at least 2 days after the day of their establishment.
35.8 Issues on publishing information
mentioned in Article 35.8. of this Code about the
election precincts established outside of the Republic of
Azerbaijan and information to be published should be managed by heads of
relevant diplomatic representations or consulates. Local conditions should be
taken into account.
36.1
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.
36.2
Candidacy of 2 members to Precinct Election Commission shall
be presented by the
members of the Constituency Election Commission who
represent the political party, deputies of which constitute majority in the
Milli Majlis. Candidacy of other 2 members to Precinct Election Commission
shall be presented by the members of the Constituency Election Commission who
represent the political parties, deputies of which constitute minority in the
Milli Majlis, and 2 more members be presented by the members of this Commission
who represent the non-partisan deputies of the Milli Majlis. Candidates to the
Central Election Commission can be presented by local branches of relevant
political parties to the members of the Constituency Election Commission
representing political parties, and by voters (voters’ initiative groups),
formed pursuant to Article ?? of this Code, to the members of the
Constituency Election Commission representing non-partisan deputies of the
Milli Majlis. Those candidates must be the citizens of the Republic of
Azerbaijan, who permanently or mostly reside within territory of the relevant
election constituency. If a local branch of the relevant political party fails
to present a candidate to precinct election commission 45 days prior to the
voting day, the candidacy shall be presented by members of the Constituency
Election Commission representing non-partisan deputies of the Milli Majlis.
36.3
No more than 2 members of the Precinct Election Commission can
be in either State or Municipal service. Such members shall be involved in the
Precinct Election Commission’s
work for the elections (referendum) period only, and their
main office shall be preserved.
36.5
Each registered candidate, political party, block of political
parties, initiative groups of voters have the right to appoint one observer to
the precinct election commission from the time the precinct election
commission commences its work and until
the voting results are made official.
36.6
In cases provided for in Articles 34.4 and 34.5 of the Code,
in election precincts with
number of voters not more than 100 and not less than 50, and
those located in impassable places, the precinct election commissions can be
formed by open vote at general meetings of voters, and regulations on creation
of precinct election commissions set forth in Article 35.3 of the Code can be
avoided. In such case, composition of the precinct election commission can be
approved by the constituency election commission.
37.1
The Precinct Election Commission performs the following duties
during preparation and conduct of referendum, elections to the Milli Majlis,
Presidential elections and elections to municipalities:
37.1.1
informs the public about the address of the Precinct Election
Commission, its telephone number, business hours, and also about date and place
of voting;
37.1.2
approves and specifies the voters list; displays this list for
voters information; examines applications about mistakes and errors on the
voters list and makes relevant changes;
37.1.3
ensures preparation of the place for voting as well as ballot
box and other equipment;
37.1.4
informs the voters about the issues to be discussed by a
referendum, about registered candidates and list of registered candidates;
37.1.5
controls compliance with the rules for election and referendum
campaigning within the territory of election precinct;
37.1.6
issues de-registration cards for voting;
37.1.7
organizes voting on the voting day at the election precinct;
37.1.8
determines the voting
results for the election precinct, counts votes and submits protocols on voting
results to the Constituency Election Commission by a specially authorized
member of the precinct election commission;
37.1.9
examines complaints on violation of this Code within its
powers and makes appropriate decision based on complaints;
37.1.10
ensures preservation of documents on preparation and conduct
of elections in accordance with the rules approved by the Central Election
Commission and of their submission in accordance with the relevant rules;
37.1.11
performs other duties in conformity with this Code.
Article
38. Ensuring Functioning of a Member of the
Precinct Election Commission
38.1
A member of the Precinct Election Commission will be provided
with salary from the
State budget, during his/her term of office. Two elected
members of the precinct election commission, which are in state or municipal
service shall be paid 50% of salary amount identified for members of the
Central Election Commission during the elections period, provided that their
salary from their permanent office is preserved.
38.2
Within a period of 30 days prior to the voting day the member
of the Precinct Election
Commission cannot be detained or be subject to criminal
liability or administrative measures as determined by the court, without
consent of a relevant district prosecutor. A member of the Precinct Election
Commission can be arrested only if he/she is caught in the act of crime. In
this case, the body arresting the member of the Precinct Election Commission
shall immediately inform the relevant district prosecutor about the matter.
39.1
The Precinct Election Commission shall build its activity on
regulations for Precinct
Election Commissions, adopted by the Central Election
Commission.
39.2
Decisions of the Precinct Election Commission are made as
follows during the commission’s meeting:
·
by a majority of votes of at least 4 members if
attended by 6 or 5 members;
·
by a majority of votes of at least 3 members if
attended by 4 members.
39.3
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.
39.4
Decision of the Precinct Election Commission must be published
within at latest 12 hour period.
40.1
Activity of election commissions shall be transparent to
voters.
40.2
Members of election commissions, candidates registered within
the relevant
constituency and their authorized representatives or agents,
or agents of referendum campaigning groups, agents of political parties and
blocks of political parties have the right:
·
to be present in and observe the meetings of any
election commission; counting of votes; processing of 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 (hereinafter 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.
40.3
Persons mentioned in Article 40.2 of this Code are not
required any additional
permission of the election commission for attendance in the
meetings of the relevant election
commissions or for becoming familiarized with the documents mentioned above. A
relevant election commission ensures free access for persons mentioned in
Article 40.2 of this Code to the locations where election documents are being
processed and votes are being counted.
40.4
Citizens of the Republic of Azerbaijan having the active
suffrage, including the
international observers mentioned in Article 44 of this Code
can act as observers.
40.5
The observer may carry out the observation based on own
initiative or initiative of a registered candidate, political party, block of
political parties, referendum campaign groups or non-governmental
organizations.
40.6
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 at the meetings of the election commission up to
the voting day. A registration card issued by the Central Election Commission
must indicate this right.
40.9
The relevant election commission informs the superior election
commissions, each
registered candidate and his/her authorized representative,
agents of political parties and blocks of political parties which have
registered 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 19.16 of this Code.
40.10 Representatives of interested parties have
the right to be present in the elections commission while it is investigating
relevant complaints. Election commissions inform the public about:
40.12 Observers, including international
observers, representatives of the mass media
can observe determination of voting
results and election (referendum) returns, completion of protocols of voting
results and election (referendum) outcomes, as well as the recount of votes in
all other election commissions.
Code 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 election precincts.
referendum campaign groups, 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 voting day or during early voting.
precinct election
commission shall have a badge of specific form defined by the Central Election
Commission, that shows full name, position and picture of the person and allows
to determine status of that person. An observer must have a badge containing
his/her surname, name, father’s name, address, photo, number of election commission
(commissions) and voting station he/she is assigned to, and approved by the
registered candidate, political party, block of political parties, referendum
campaign group, non-governmental organizations whose interests the observer
represents. This badge is valid only if it is supported by an identification
card or other substitute document. Advance information about observer’s visit
is not required.
40.16 A
list of observers who are in the voting station during the voting day,
observing
the election actions, shall be kept
by the secretary of the precinct election commission.
41.1 Observation
must be based on the following principles:
41.1.1
it must be impartial;
41.1.2
all circumstances and facts regarding the activities to be
observed must be taken into consideration;
41.1.3. it must be open;
41.1.4. results of the observation shall be based on
facts.
Article
42. Observers’ Rights and Duties
42.1 Observers,
including international observers have the following rights:
42.1.1 to become familiar
with voters lists;
42.1.2. to be present in the
voting room of the relevant election precinct at any time;
42.1.3. to observe the
issuance of ballot papers to voters;
42.1.4. to observe voting
outside of voting stations;
42.1.5. to observe number of
voters, count of ballot papers and cancelled ballot papers;
42.1.6. to look through the
marked and unmarked ballot papers, in order to check its validity, 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;
42.1.7. 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;
42.1.8. 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 1 copy and then photocopy and
obtain other 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 the fee defined
by the Central Election Commission is paid; to become familiar with the voters
list; 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 the relevant fee has been paid.
42.1.9 to be present during
the recount of votes in the relevant election commissions.
42.1.10. to observe transfer of
election documents to the constituency election commission and the Central
Election Commission.
42.2 The observer
is prohibited:
42.2.1. to issue ballot papers
to voters;
42.2.2. to ask voter on how
he/she will or did vote;
42.2.3. to sign a receipt of a
ballot paper on behalf of a voter who requests it;
42.2.4. to mark a ballot paper
on behalf of a voter who requests it;
42.2.5. to participate
directly in the counting of ballot papers together with the commission members
with decisive voting right;
42.2.6. to obstruct the work
of an election commission;
42.2.7. to conduct election
campaign among the voters;
42.2.8. 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;
42.2.9. to intervene in making
decisions by the relevant election commissions.
42.3 Commission
members with consultative voting rights who are present during voting and vote
count processes in the voting station, observers who observe these actions,
representatives of the mass media and other persons mentioned in Article 40.2
of this Code must have badges, issued by the Central Election Commission, which
do not campaign and which show the status of representation.
42.4 In case the
observers submit their opinion on observation results to the chairperson of the
precinct election commission, the opinion shall be enclosed to the protocol on
either voting results or election outcomes.
Representatives of the mass media can:
44.1
International (foreign) observers (hereinafter - international
observers) shall be registered with the Central Election Commission, when
coming to the Republic of Azerbaijan in accordance with the rules defined by
legislation and on the basis of a relevant invitation.
44.2
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.
44.3
Proposals on inviting international observers can be submitted
to the Milli Majlis, Central Election Commission or relevant executive
authority by non-government organizations which have reputation in the field of
protection of citizens’ rights and freedom.
44.4
The international observer shall submit the documents
specified in Article 40.15 of this Code, for obtaining registration. The
Central Election Commission issues a specific verification card designed in the
state language or one of foreign languages to the international observer based
on the documents submitted by him/her. Only this card allows the international
observer to function in accordance with Articles 340-42 of this Code during
preparation and conduct of elections.
44.5
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.
44.6
The international observer functions independently and freely,
his/her activity is financed by the organization assigned him/her or from
his/her personal funds.
44.7
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 him/her.
44.8
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.
44.9
The international observers have the right to meet with
voters, 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 campaign groups.
44.10
The international observers cannot use their status for
activities not related to election campaign, preparation and conduct of
elections.
44.11
The Central Election Commission can cancel the
registration of the international
observer if he/she violates laws and international legal norms.
45.1
Permanent voters (citizens who have the right to participate
in referendum) lists (hereinafter - voters lists) for a precinct are approved
by the Precinct Election Commission in conformity with the format defined by
the Central Election Commission on 10th of March of each year and
they are specified at least 35 days prior to the election day. After this
period and until the voting day, the voter can be included in the voters list
only upon the court decision. Any additions and amendments to voters list on
the voting day cannot be made. Voters lists cannot be published in the press. Upon
request, the relevant election commission shall inform any citizen about
his/her inclusion in the voters lists.
45.2
Temporary lists of voters registered in election precincts
formed in accordance with Articles 35.4 and 35.6 of this Code and voters
indicated in Article 45.8 of the Code are kept separately, at the level of the
relevant election commission.
45.3
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, heads of consulates or diplomatic
representatives, as well as by heads of the enterprises where voters are
temporarily located.
45.4
Voters lists of the precincts established in distant 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 and municipality at least 25 days prior to the election day, in
exceptional circumstances 2 days after the Precinct Election Commission has
been formed.
45.5
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.
45.6
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 or the captain of the ship at
least 5 days prior to the election day.
45.7
Voters lists for electoral precincts created outside of the
Republic of Azerbaijan are 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 Azerbaijan at least 25
days prior to the election day.
45.8
Officials mentioned in Articles 48.2. – 48.5. (?) of this Code
(if no election precincts are created in military units or places of temporary
residence of the voters), the administration of investigation jails shall
collect and specify information on voters in accordance with the rules defined
by the Central Election Commission and then submit it to the relevant Precinct
Election Commission at least 35 days prior to the election day, if no other
rule is provided by this Code.
45.9
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), and pursuant to Article
44.2, permanent address or address of a place where the voter mostly resides
(number of street, building, apartment, number of house; if the place is the
temporary residence – address of the hospital, sanatoriums, rest homes or other
places) and the number of the election precinct.
45.10
State Automated Information Systems can be used during
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.
45.11
The first copy of the voters list prepared in conformity with
Article 45.1 of this Code 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 20th 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 secretary
of the Constituency Election Commission and verified with the stamp of the
election commission.
45.12
Voters lists prepared in conformity with Article 45.2 of this
Code shall be kept by the Precinct Election Commission by adopting a relevant
act, then transferred to the relevant Constituency Election Commission at least
5 days prior to the election day, and be used in conformity with the rules
defined by the Central Election Commission.
45.13
Voters lists for the election precincts created in conformity
with Articles 34.5.- 34.6. of this Code are signed by the chairperson and
secretary of the Precinct Election Commission and verified by the stamp of the
commission.
45.14
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.
45.15
A person who provides information on voters bears
responsibility defined by legislation for the accuracy, completeness and timely
provision of the relevant information.
46.2
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.
46.3
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.
46.4
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.
46.5
Voters who are in hospitals, sanatoriums, rest homes and other
temporary places of residence are included in the voters lists of the election
precincts created there on the basis of an identification document or other
substitute document. If no voting station is created in hospitals, sanatoriums,
rest homes and other places of temporary residence in accordance with Article
35.4 of this Code, then voters located in those places shall be included in
voters lists pursuant to information provided to the precinct election
commission by the administration of those institutions. The mentioned
information shall fully describe all the data contained in the voter’s
identification document or substitute document.
46.6
The persons with no valid court sentence, and which are
subject to preventive punishment shall be included in voters lists based upon
information provided to the precinct election commissions by the administration
of investigation jails. The mentioned information shall fully describe all the
data contained in the person’s identification document or substitute document.
46.7
Disabled citizens of the Azerbaijan Republic can be included
in voters lists according to information provided by their relatives or other
persons who have relations with them. In such case, the identification document
or a substitute document of the disabled citizen shall be presented.
46.8
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, when they
come to the voting station.
46.9
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.
46.10 A
voter can be included in the voters list for one precinct only. Shall any
election commission reveal that a voter has been registered in more than one
precinct, the commission shall investigate the matter and ensure that the
voter’s name remains in one list. If the voter is intentionally included in
more than one voters list, the voter may be subject to administrative
liability.
46.11 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 47. Integrated Voters List
47.1
The Integrated Voters List is kept by the Central Election
Commission.
47.2
Until April 30 of each year, the precinct election commissions
together with the constituency election commissions shall provide the Central
Election Commission with information on voters lists to be updated until March
30 of each year.
47.3
The Integrated Voters List covers election precincts and
constituencies, and shall include the data indicated in Article 43.8 of this
Code.
47.4
Information indicated in voters lists approved by the precinct
election commissions formed in accordance with Article 35.8 of this Code shall
not be included in the Integrated Voters List. Such information shall be
provided by the Central Election Commission in the order determined by the
Commission itself, and be incorporated in temporary voters lists.
47.5
Temporary voters lists shall be added to the General Voters
List.
49.1
Political party (block of political parties) which participate
in elections (referendum campaign) must follow the following conditions:
49.1.1
to respect right of other political parties (block of
political parties) to freely and independently express views during election
(referendum) campaign;
49.1.2
to respect rights of
other political parties (block of political parties), voters and public
organizations;
49.1.3
to respect freedom of press;
49.1.4
not to prevent other political parties from establishing free
communication with voters;
49.1.5
to ensure voters who intend to participate in political
activities with free conduct of those activities;
49.1.6
not to obstruct professional activities of representatives of
the mass media; not to violate or breach election (referendum) campaign of
other parties;
49.1.7
not to obstruct distribution of election campaign materials,
referendum campaign materials of other parties (block of political parties) and
candidates;
49.1.8
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;
49.1.9
not to obstruct pre-election (pre-referendum) mass activities
of other parties;
49.1.10 to
cooperate with election (referendum) bodies and their officials for conduct of
free, peaceful and organized elections;
49.1.11 not
to obstruct the voters to express their will
freely;
49.1.12 to
respect authorized persons and observers and to cooperate with them;
49.1.13 to
follow secrecy of voting and to assist in maintaining it;
49.1.14 not
to win over voter to its side by illegal activities;
49.1.15 not
to interfere in the activities of authorized persons, election
(referendum) commissions
groundlessly; not to violate the process of voting and vote count;
49.1.16 to
respect 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;
49.1.17 not
to make speeches which intimidate, slander or call upon violence or distribute materials of this content;
49.1.18 not
to use its political influence for offering any rewards or for intimidating
with punishment;
49.1.19 not
to use state, municipal or other public resources in circumstances not
established in this Code;
49.1.20 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;
49.1.21 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;
49.1.22 not
to use assistance or activities rendered by any official for supporting or not
supporting the candidate;
49.1.23 not
to call citizens no to participate in elections.
49.2 Observance of
the principles mentioned in Articles 49.1.1., 49.1.5., 49.1.10., 49.1.12.,
49.1.13., 49.1.16., 49.1.23. of the present Code by the political parties
(block of political parties) is optional. Violation of other principles is
subject to liability under the Criminal Code and Code of Administrative
Offences of the Azerbaijan Republic.
50.1
At least two political parties 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 a joint decision on establishment of
the block.
50.2
An authorized representative of the block of political parties
submits the following documents to the Central Election Commission for
registration:
50.2.1 copies
of charters of political parties which included in the block, verified by the
notary office;
50.2.2 decisions
of political parties on joining the block;
50.2.3 a
joint decision on establishment of a block signed by the authorized
representatives of political parties and verified by the stamp of those
parties.
50.3
Blocks of political parties must be registered within 5 days
starting from the day they submit relevant documents to the Central Election
Commission.
50.4
Blocks of political parties can be refused registration if the
documents mentioned in Article 50.2. of this Code are not officialized or they
are not complete, or do not meet requirements.
50.5
No other political party can be included in the block of
political parties after the latter has been registered by the Central Election
Commission.
51.1
The block of political parties submits information about its
full and abbreviated name to the Central Election Commission.
51.2
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.
51.3
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 Article 51.2 of this Code). 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 on the usage of the
block’s name, which cannot contain more than 5 words and its emblem in the
election documents.
51.4
It is not allowed to change the names and emblems of blocks of
political parties during the election processes.
52.1
Political parties and blocks of political parties appoint
authorized representatives for participation in elections and for financial
issues, in conformity with this Code.
52.2
The authorized representatives are appointed due to the
decision of a 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.
52.3
The authorized representative of a political party and block
of political parties performs his/her functions on the basis of a decision
considered by Article 52.2 of this Code 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 or block of political parties on financial issues performs
his/her functions on the basis of a decision considered by paragraph 2 of this
Article which contains the following:
·
samples of financial documents;
·
samples of stamps for those documents.
52.4
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 have attached a written consent to be an
authorized representative of each person.
52.5
The powers of a 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.
52.6
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.
52.7
The 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.
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 a 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 a 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 Article 53.2 of
this Code. 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 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 is
sentenced by a court decision which entered into force, 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 In such
circumstances a candidate comes to an agreement with the relevant election
commission about naming his/her political party with a name containing not more
than 5 words. If the political party indicated in the application has already
excluded the candidate and sent an appropriate notification to the relevant
election commission on the matter, then the candidate cannot refer to the
political party, after such notification is received.
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 receipt of
submitted documents.
53.7.
The basis for refusal from submission of a decision which
certifies nomination of a candidate can only be:
·
documents mentioned in Articles 53.2 and 53.3 of this
Code are not formalized as required;
·
violation of rules for nomination of candidates defined
by this Code.
If the mistakes and errors can be
eliminated through corrections made by the candidate in the relevant
documentation, then the relevant election commission notifies the candidate
about it within the period set forth in Article 53.6 of this Code, and after
such correction is made, approves his/her nomination.
54.1.
A political party makes a decision on nomination of a
candidate in conformity with the charter of the political party. Such a
decision must be made by voting, in a collective order.
54.2.
A candidate nominated by a block of political parties shall be
approved by each political party which is included in the block. A decision on
nominating 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 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 a political party and block of political
parties on the nomination of a candidate is formalized by the minutes. The
minutes contain the following:
54.3.1.
number of registered participants taking part in the meeting
(congress, conference, meeting of managing body);
54.3.2.
number of participants required for adoption of a decision
considered by the agreement on creation of a 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 the
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 of candidates are
submitted in a format defined by the Central Election Commission, type written
or in another manner, which can be read by machine.
54.6.
Together with the names of candidates, the authorized representatives
of the political party submit 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 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 a political party and block
of political parties submits documents mentioned in Articles 54.1 – 54.3 of
this Code 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 the 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 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 and is sentenced by a court
decision which entered into force, 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, as well as information about
if a candidate has foreign citizenship or obligations in foreign countries. If
a candidate has 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 a 5 day period and makes a decision to the authorized
representatives of political parties and blocks of political parties on
approval of candidates nominated for relevant constituency or on refusal from
approval of candidates, which is based on evidence. The relevant election
commission cannot refuse the receipt of submitted documents.
54.10 The basis for refusal
from approving the candidate’s nomination can only be:
·
documents mentioned in Articles 54.1 – 54.3 are not
formalized as required;
·
violation of rules for nomination of candidates defined
by this Code.
If the mistakes and errors can be eliminated through
corrections made by the authorized representative of a political party or a
block of political parties, then the relevant election commission notifies the
candidate about it within the period set forth in Article 54.9 of this Code,
and after such correction is made, approves nomination of the candidate.
55.1.
All candidates have equal rights and duties.
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 77.1 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.
56.1.
Collection of voters signatures in support of candidates
nominated by initiative groups of voters or self-nominated candidates starts
from the day the decision provided for in Article 53.6 of this Code is adopted. Collection of voters’
signatures in support of candidates nominated by political parties and blocks
of political parties starts from the date the 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 abroad which imposes a
criminal liability and if the same action imposes liability considered by the
Criminal Code of the Republic of Azerbaijan and is sentenced by a court
decision which entered into force, the signature sheet must contain name of the
relevant law of the foreign country.
56.4.
The signature sheet may also contain the 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 that
nominated a candidate from the relevant constituency collects signatures in
support of the candidate, the signature sheet shall along with the information
about the candidate contain the name of the political party or the block of
political parties which has nominated this candidate; and if there is such an
information in the candidate’s application, then the name of the political
party and the candidate’s status in the political party can be indicated there.
Upon request of a voter, the person collecting signatures for a list of candidates
shall present a copy of the list of candidates verified by the Central Election
Commission.
57.1.
Regardless of their form of property, the state bodies,
municipalities and legal entities 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 the 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 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 211.2 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 collecting signatures in support of candidates, each signature
sheet must contain the following information about the candidate:
·
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 has a sentence
which is not served or cancelled, the name and the number of the relevant
Article of the Criminal Code of the Republic of Azerbaijan, as well as the name
(number) of the constituency should 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 and is sentenced by a court decision which entered into
force, the signature sheet should contain the name of the relevant law of the
foreign country.
57.6.
While collecting voters’ signatures in support of a candidate,
the signatures can be recorded on front or reverse side of signature sheets. In
such cases, the reverse side of the signature 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.
If the candidate is nominated by a political party or block of
political parties, the signature sheet is signed by a person who collected
signatures and by an authorized representative of a political party, 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/herself:
·
surname, name, father’s name;
·
address of residence;
·
serial and batch number of identification or substitute
document; date of issue.
The 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 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. Signature sheets submitted to relevant election commissions
should be numbered and paged in the form of a folder.
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 105 days and at latest 70 days
prior to the voting day before 18:00 :
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
Shall accidentally made mistakes be
revealed in documents indicated in Articles 58.1.2.-58.1.6. of this Code, the
relevant election commission must within 48 hours inform the candidate about
the matter and propose to correct the mistakes.
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 shall be
submitted. Information on property owned by the candidate shall be submitted in
a form mentioned “Annex #”. 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 the 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, 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 the above-mentioned
persons submit relevant documents to relevant election commission before the
time mentioned in Articles 58.1 and 58.2, 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.
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 is 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 less than 75 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 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 the fee established by the
Central Election Commission is paid. 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
Candidates, their authorized representatives, authorized
representatives of political parties, block of political parties, as well as
authorized representatives of political party and block of political parties
which have nominated single list of candidates can be present in the relevant election commission while
checking signature sheets. The relevant election commission must inform the
above-mentioned persons about 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 in the voters lists 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 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:
59.7.1 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 3rd
paragraph of this Article or based on the reference given by relevant executive
authority;
59.7.2 Signatures of
voters entered into signature sheets before the notification on nomination of
the candidate is sent to relevant election commission;
59.7.3 Signatures
considered invalid in accordance with violation of requirements of
Articles 57.1 and 57.4 of this Code;
59.7.4 Signatures
recorded by one person on behalf of several persons;
59.7.5 Signatures, which
are not recorded in hand writing or recorded by pencil;
59.7.6 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;
59.8
All of the signatures in the signature sheets are considered
invalid if signature sheets are not certified with the signature of the person
who collected them, also by the authorized representative of candidate,
political party, a block of political parties or if signature of authorized
representative is not correct.
59.9
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 involved in work of the election commission;
59.11
According to Articles 59.6. - 59.10 of this Code, 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 the signature list should not be reason to consider the
signature invalid.
59.12
According to Articles 59.6 - 59.10 of this Code, the candidate
shall not be registered if the number of signatures is less than required
number for registration after invalid signatures have been removed.
59.13
The head of a working group and a member of relevant election
commission who has decisive right to vote prepare a protocol on results of
checking signature sheets of each candidate, 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 a candidate. 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 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.
60.1.
The relevant election commission has to make a decision based
on registration or refusal of submitted list of registration of candidate after receiving of signature sheets and
other required documents for the registration of candidate within a 10 days period. If the registered
candidate is nominated by political parties or block of political parties, the
relevant election commission mentions in registration report, that the
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.
The relevant election commission has to submit the copy of the
decision on registration of a candidate after acceptance of decision within 1
day to the candidate, authorized representatives of political parties or block
of political parties that nominated the candidate and if there is a refusal of
registration the reasons must be clarified.
The followings can be reasons for
the refusal:
60.2.1 Violation of the
rules of collecting signatures determined by this Code;
60.2.2.1 Incorrect
formalizing and lack of documents mentioned in Articles 57 and 58 of this Code.
60.2.3 If
number of submitted valid signatures of voters in support of a candidate 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
according to this Code is not correct ;
60.2.5. If the rules for the creation of election
funds of candidate, political party, block of political parties 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;
60.3.
Due to reasons provided for in Articles 60.2.2. and 60.2.4. of
this Code, if the mistakes and errors can be eliminated through corrections
made by the authorized representative of a candidate, political party or block
of political parties, then the relevant election commission notifies the
authorized representative of a candidate, political party or block of political
parties about it within the period of 24 hours, and after such correction is
made, registers the candidate.
60.4.
If a candidate is not registered, the managing body of a
political party (block of political parties) that nominated the candidate can
apply to the relevant election commission within 3 days after receipt of a copy
of the refusal on registration a candidate for registration, provided for
non-return of the registration deposit. In such case, the relevant election
commission registers the candidate 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 a candidate 3 days after the
election commissions makes decision on registration or refusal of registration.
If the candidate is elected as a
deputy to the Milli Majlis, President or a municipal councilor, the registration
deposit shall be returned by the relevant election commission to the nominated
person, within 3 days after the election outcomes are officially published.
60.5.
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.
60.6.
A 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 48 hours after registration. The Constituency Election Commissions display
the information about registered candidates on notice boards, indicated in the
Article 98.3 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 , about the changes in the structure of block of political parties,
removing candidate from the registered list of candidates is displayed with
same way.
A campaign group on referendum
is an organization established by the citizens of the Azerbaijan Republic
having active election rights with the reason of conducting for or against a
campaign of the issues to be discussed at a referendum.
62.1 The campaign groups on referendum taking part in a referendum
campaign must follow the following conditions:
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. Not to prevent
other referendum campaign groups from 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 posters 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 other referendum campaign groups;
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
calculation of votes;
62.1.14. To
respect 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 for violence, threat or characterized with slander and
not to distribute such kind of materials during referendum campaign;
62.1.16. Not to
use government, municipality and other public resources, which are not provided
for in this Code;
62.1.17. 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;
62.1.18. 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;
62.1.19 Not to call voters
not to participate in voting.
62.2 Observance of
the conditions mentioned in the Articles 62.1.1., 62.1.5., 62.1.7., 62.1.8.,
62.1.10., 62.1.11., 62.1.14. of the present Code by the campaign groups on
referendum is optional. Violation of other conditions by the referendum
campaign groups is subject to liability under the Criminal Code and Code of
Administrative Offences of the Azerbaijan Republic.
63.1.
The initiators of establishing of a campaign group on
referendum, which are no less than two thousand (2000), shall submit a written
notification to Central Election Commission.
63.2.
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 a campaign group on referendum is
more than 500 and less than 2000.
63.3.
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. The notification shall be of
informative nature and no decision regarding the notification is required from
the relevant election commission.
63.4.
Within 5 days the relevant election commission shall give
written information to the initiators about the received notification.
64.1. 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 in 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.
64.2. After the registration of a campaign group, the authorized
representatives of the campaign groups
on referendum, mentioned in Article 64.1 of this Code, can maintain their
authorities according to the decision of an initiative group on referendum.
64.3. 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 relevant person. That power of attorney must be given on
behalf of all initiators of campaign groups on referendum.
64.4. 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 2nd 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 Power of Attorney provided
for in Article 64.3 of this Code. The Power of Attorney is considered valid
upon submission along with the identification document or a substitute
document.
·
Name, surname, father’s name,
·
Date of birth,
·
Serial and batch number and issue date of ID or a
substitute document,
·
Home address,
·
Place of work or duty (if no duty – type of activity)
·
Telephone number.
The written consent
application of being an authorized representative for each person should be
attached to the relevant list submitted to the relevant election commission.
64.6. It is possible to put an end to the authorities of a
representative by informing him of the decision of a 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. The members of a campaign group on referendum accept this decision
with the majority of members voting and sign it. In such case the referendum
campaign group can appoint another authorized representative.
64.7. 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.
65.1. Government bodies, municipalities and the legal entities
regardless of the form of their ownership are not permitted to take in part in
the collection of 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.
65.2. 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.
65.3. Signatures of voters can be collected in educational institutions,
places of residence and in the places not prohibited by law for conduction of
the pre-election (pre-referendum) campaign.
65.4.
If the initiators establishing a
campaign group on referendum intend to conduct a pre-referendum campaign in all
territory of Azerbaijan Republic, they have to collect a minimum of 60,000
voters signatures about the agreement to membership in campaign group on
referendum from the territory of 60 election constituencies. In this case the
number of the potential members of a campaign group on referendum cannot be
less than 100 persons from one election constituency.
65.5.
If the initiators establishing a
campaign group on referendum intend to conduct a pre-referendum campaign in one
part of the territory of Azerbaijan Republic, they have to collect a minimum of
100 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.
65.6.
The number of 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.
65.7.
According to his will, the voter has a
right to sign only once to the membership in a campaign group on referendum.
The voter writes down his name, surname, father’s name, date of birth, home
address, serial and batch 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.
65.8.
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.
65.9.
After the collection of signatures, the
signature sheet is signed by the authorized representative of initiators of a
campaign group on referendum and a person who collected the signatures. The
signature collector writes down his name, surname, father’s name, home address,
serial and batch number and issue date of ID or a substitute document before he
signs the signature sheet.
65.10.
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.
65.11. 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.
66.1. 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 65.5 of this Code, the documents mentioned
in Article 66.2 of this Code 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 in the article 65.4 of this Code, shall submit the
documents to Central Election Commission, as mentioned Article 66.2 of this
Code.
66.2. The authorized representative of the campaign group on referendum
has to submit the following documents to the relevant election commission
before 18:00 75 days prior to the election day for the registration of the
referendum campaign group:
66.2.1. Signature sheets
with the collected signatures;
66.2.2. Two copies of
protocol compiled in the form determined by Central Election Commission about
results of collection of voter signature;
66.2.6. The initial
finance report of the initiators of the campaign group on referendum (including
information about the expenses spent for collection of voters signatures)
66.3. 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 an indication of
numbers of signatures sheets and announced numbers of signatories and time of
acceptance. If relevant documents submitted by these persons to the relevant
election commission before expired time as mentioned in Article 66.2 of this
Code, 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.
66.4. Registration of a campaign group on referendum is conducted after
submission of voters’ signatures to the relevant election commission.
The examination of required voter
signatures for registration of campaign
groups on referendum is carried out according to the rules of Article 59 of
this Code.
68.1. 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 10 days. The date and time is
indicated on the decision of registration or refusal of registration.
68.2. 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 initiators of the
campaign group on referendum and if there is a refusal of registration the
reasons must be clarified. The following can be reasons for the refusal:
68.2.1. Violation of the
rules on collecting signatures determined by this Code;
68.2.2. Incorrect
formalizing and lack of documents mentioned in Articles 63, 65, 66.2 and 66.3
of this Code.
68.2.3. 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;
68.2.4. If the rule for
the creation of finance funds of campaign group on referendum and expenditure
rule of that fund have been violated;
68.2.5. Violations on the
requirements of the Article 64 of this Code by the authorized representatives
of initiators of campaign group on referendum.
68.3. Due to reasons provided for in Articles 68.2.2. and 68.2.4. of
this Code, if the mistakes and errors can be eliminated through corrections
made by the authorized representative of a referendum campaign group, then the
relevant election commission notifies the authorized representative about it
within the period of 2 days, and after such correction is made, the referendum
campaign group is registered.
68.4. 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.
68.5. The card of registration is issued to each registered authorized
representative of campaign group on referendum. The 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
special boards, in accordance with this Code, in the rooms of the election
commission a minimum 15 days before voting day.
69.1
All of the registered candidates and campaign groups on
referendum have equal rights and responsibilities except in cases defined by
this Code.
69.2
Registered candidates, the authorized representatives 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 (except for persons
appointed directly by the President of the Azerbaijan Republic or Milli Majlis
of the Azerbaijan Republic). The approved copy of the relevant order
(statement) is submitted to the 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.
69.3
The registered candidates who fulfill their duties working in
state positions, 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.
69.4
Cases of violation of the equality principles with the purpose
of getting privileges by abusing occupation and position is determined by
Article 55.2. of this Code.
69.5
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 Article 81 of this Code the free
usage of TV and radio programs by registered candidates and registered campaign
groups on referendum are not regulated by these rules.
69.6
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, are prohibited to
participate in reporting of elections (referendum) by the means of mass media.
69.7
Observation of limitation specified by this Code should not
impede deputies and municipal members to perform their authorities and duties
before voters.
69.8
The following persons are not permitted to conduct charity
activities:
·
Registered candidates, political parties and blocks of
political parties,
·
The relevant agents and authorized representatives of
political parties, blocks of political parties and campaign groups on
referendum,
·
The agents of registered candidates,
·
The initiators establishing campaign groups on
referendum,
·
Organizations, which are founders, owners, members or
employees of the abovementioned persons.
·
Other physical or legal entities who function due to
the instruction of the 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.
69.9
State funds allocated to election funds of registered
candidates and referendum campaign groups shall be equally distributed by the
Central Election Commission and transferred within 3 days. In such case, the
equal amount of the funds shall be separately identified for the referendum
campaign groups registered with the Central Election Commission and
constituency election commission.
70.1. 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. The 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, from the budget
allocated for the preparation and conduction of election, during his release
from employment. Money compensation is paid to registered candidates 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.
70.2. Transport expenses are paid to registered candidates 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.
70.3. A 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 Article 70.1 of this Code. The participation time of a registered
candidate in elections is included in his/her professional service years from
the day of registration.
70.4. Within the
period of time mentioned in Article 70.1. of this Code, the registered
candidate cannot be indicted for a crime, detained or be subject to
administrative penalties as may be determined in a court procedure, without the
permission of the relevant prosecutor, after he/ she has been registered. The
registered candidate can be arrested only if he/she is caught in the act of
crime. Shall the relevant prosecutor or
court give such kind of permission or make decision, they have immediately to
inform the election commission where the candidate has been registered.
70.5. The registered candidate, the political party, the authorized
representatives of block of political parties can obtain the list of precinct
election commissions, the addresses of voting stations and an information about
the territory, address and phone numbers of electoral precincts from the relevant
Constituency Election Commission.
70.6 In accordance with the Civil Code of the Azerbaijan Republic,
the registered candidate can apply to the court for indemnification of damages
incurred him due to actions (lack of actions) of either the state bodies or the
election commission.
71.1 A registered
candidate participating in elections has to obey the following conditions:
71.1.1 To respect the
political ideas and opinions to be distributed independently and freely by
other registered candidates during election campaign;
71.1.2 To respect the
rights of other registered candidates, political parties, voters and social
organizations;
71.1.3 To respect the
freedom of the press;
71.1.4 Not to prevent
other registered candidates from establishing independent communication with
voters;
71.1.5 Not to obstruct to
the work of the representatives of mass media, who are engaged in their
professional activities, and not violate and interfere with the election
campaigns of other registered candidates;
71.1.6 Not to obstruct
the distribution of pre-election campaign materials of other registered
candidates;
71.1.7 Not to destroy and
spoil pre-election campaign posters and other kind of campaign materials of
other registered candidates;
71.1.8 Not to obstruct
the conduct of pre-election mass-actions of other registered candidates;
71.1.9 To cooperate with
election organs and their official persons for
independent, free, organized and safe conducting of elections;
71.1.10 Not to prevent
voters from expressing their will freely and
independently;
71.1.11 To respect
observers, authorized persons and to cooperate with them;
71.1.12 To keep the secrecy
of voting and to assist in keeping it;
71.1.13 Not to win over
voters by the ways of illegal actions;
71.1.14 Not to interfere to
the activities of authorized persons, election commissions. Not to violate the
process of voting and calculation of votes;
71.1.15 To submit every
single complaint regarding to elections to authorized bodies and to follow the
decision regarding to this complaint of same body, to respect the legally
approved results of elections;
71.1.16 Not to
make a speech calling for violence, threat or characterized with slander and
not to distribute such kind of materials during election campaign;
71.1.17 Not to
use from his/her political authority for offering reward or for threatening
someone;
71.1.18 Not to
use state, municipality and other social resources in cases, which are not provided
for in this Code;
71.1.19 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;
71.1.20 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;
71.1.21 Not to use from the
activity or help of each official person, directed to support or not to support
of candidate;
71.2.22 To call on voters
not to participate in voting;
71.2 Observance of conditions mentioned in Articles 71.1.1., 71.1.4.,
71.1.9., 71.1.11., 71.1.12., 71.1.15. of this Code by candidates is optional.
Violation of other provisions shall be subject to liability under the Criminal
Code and Code of Administrative Offences of the Azerbaijan Republic.
72.1. The registered candidate, political party or block of political
parties which have registered the candidate, campaign group on referendum have
the right to appoint an agent. The agents are registered by the relevant
election commission which registered a candidate, campaign group on referendum.
The agents are registered within three days from the day of receipt of written
application of the 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 52 and
65 of this Code, apply to relevant applications of political parties, block of
political parties and campaign groups on referendum.
72.2. 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.
72.4. 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,
the election commission cancels the verification card of the 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.
72.5. The authorities of an 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 Article
72.4 of this Code. The authorities of an agent also finish when the status of
all candidates and referendum campaign groups that agents represent is lost.
73.1. 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.
73.2. 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 3
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 1 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
indicated in Article 73.3 of this Code.
73.3 The compelling
reasons for withdrawing candidacy of registered candidate as well as the
compelling reasons for withdrawing candidates of political party, block of
political parties are:
·
If a registered candidate has been found incapacitated
and his/her registration cancelled by the court,
·
If he/she or his/her immediate relatives have an
illness that seriously affects his/her health or in condition which makes it
impossible to participate in election campaign.
74.1. The followings have the right to conduct
pre-election and pre-referendum
(hereinafter pre-election campaign) campaign:
74.1.1 Campaign groups
on referendum;
74.1.2 The registered
candidates for participation in the elections of deputies of the Milli Majlis;
74.1.3 The political
parties, block of political parties, which have the registered candidates for
participation in the elections of deputies of the Milli Majlis;
74.1.4 The registered
candidates for participation in the Presidential elections;
74.1.5.1
A political party, block of political parties, which have the
registered candidates for participation in Presidential elections;
74.1.5.2
A political party, block of political parties, which have the
registered candidates for participation in municipal elections;
75.1.7 The registered candidates for
participation in the municipality elections;
74.2
The pre-election campaign can be conducted by:
74.2.1 Mass media,
74.2.2 Conducting of
pre-election mass activities (gatherings and meetings with citizens, mass
discussions and talks, etc.);
74.2.3 Distributing and
production of printed, audiovisual and other campaign materials;
74.2.4 By other means not
prohibited by law.
74.3
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.
74.4
Conducting of pre-election campaign, publishing and
distributing of every kind of campaign materials is prohibited to the
followings:
74.4.1 State government
bodies and municipalities;
74.4.2 State and
municipal officials, state and municipal employees, military persons abusing
their positions and privileges while they are performing their duties
74.4.3 Military persons,
military units and organizations;
74.4.4 Religious and
charity organizations, organizations established by them.
74.4.5 Election
commissions, the members of an election commission with decisive voting right
and other official persons of election commissions.
74.5 Control over observance
of rules identified by the present Code for pre-election campaigning shall be
carried out by a press group established under the Central Election Commission
and comprising mostly journalists.
75.1. Conducting of all types of pre-election campaign is prohibited on
election day or the day before election.
75.2. Pre-election (pre-referendum) campaign commences 60 days prior to the election day and finishes 24 hours prior to commencement of Election Day.
75.3 Pre-election
campaign materials displayed outside of buildings and rooms of the election
commissions according to this Code shall be removed on the Election Day.
Article
76. Public Opinion Survey
76.1 The mass media
must mention the following information, when it publishes the results of public
opinion survey related to elections:
·
The organizations, where the public opinion survey has
been conducted,
·
Date of conduct,
·
Exact questions,
·
The number of respondents.
76.2. The
publication of the results of public opinion survey, forecast of election
results in mass media is prohibited on the Election Day.
77.1. 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.
77.2. TV, radio
companies and periodicals mentioned in Article 77.1. of this Code 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 candidates in more than 50 single mandate election constituencies or
in more than a half of all municipalities, and the campaign groups on
referendum, which have 40,000 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.
77.3. 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 Article
77.2 of this Code and periodicals mentioned in Article 77.1. of this Code which
is distributed in less than half of the territory of Azerbaijan Republic can create
conditions for candidates for single mandate who collected the required number
of voter signatures determined by this Code and the campaign groups on
referendum, which have 20,000 or more members and political parties, block of
political parties which candidates have been registered in more than 1/3 of all
municipalities, to conduct their election campaign within the territory of
relevant administrative unit. The list of TV-radio companies and 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.
77.4 If founders of
the TV, radio companies and periodicals not considered by Article 77.1. of this
Code 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 a 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.
78.1. The TV- radio
companies and periodicals, mentioned in the articles 77.1 and 77.4 of this
Code, have the right to allocate paid airtime and space in periodicals for the
registered candidates, registered candidates of political parties, block of
political parties and campaign groups on referendum, on the basis of a
contract.
78.2 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.
78.3. 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.
78.4. Private TV and
radio companies and mass media organizations can refuse to publish the
materials of the pre-election campaign.
79.1. 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.
79.2. The registered candidates, political parties,
block 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.
80.1. The
candidates for Presidential elections or political parties, block of political
parties with registered list of candidates or registered candidates in more
than 50 single mandate election constituencies or more than a half of all
municipalities, and the initiative groups of citizens on referendum, which have
40,000 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.
80.2. Candidates
registered for single-mandate constituencies and the campaign groups on
referendum, which have 20,000 or more members, as well as political parties,
blocks of political parties which candidates have been registered in more than
1/3 of all municipalities have the right to use free airtime on TV and radio
companies for conducting free pre-election campaign according to the Article
77.3 of this Code.
80.3. 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 77.4 of this Code.
80.4. 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 Article 80.7. of
this Code on the basis of a submitted application during one week after the
commencement of the period according to Article 76 of this Code.
80.5 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
77.2 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.
80.6. The
free airtime provided by broadcasting companies is divided on equal terms and
equal volume among the registered candidates, political parties, block of
political parties and campaign groups on referendum.
80.7. Date
and time of airing of pre-election materials are determined by a draw conducted
by the relevant election commission with participation of representatives of TV
and radio companies. The information about the time and place of the draw is
officially published. The persons mentioned in the Articles 40.2 and 44 of this
Code have the right to participate in draw. The results of the 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 77.2 and 77.3
of this Code.
80.8. 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.
81.1. The election
campaign on TV and Radio companies not considered by Articles 77.1 and 77.4 of
this Code shall start in accordance with the contract signed with TV and Radio
companies.
81.2. TV and Radio
companies considered by Article 77.1 of this Code must keep airtime in reserve
for conduct of paid election campaign. Candidates for membership of
municipality and referendum campaigning groups members of which are more than
20,000 cannot use this airtime. The amount and terms of payment must be equal
for all registered candidates, political parties, block 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 80.5 of this Code.
81.3. 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 block of political parties with registered list of candidates.
81.4 Airtime
mentioned in paragraph 2 of this Article must be presented by TV and Radio
companies within the period mentioned in Article 80.4. of this Code. The 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, block of political
parties and referendum campaigning groups who have submitted relevant
notification. The lottery must be conducted within the period determined by
Article 80.4 of this Code. Airtime shall be presented on the basis of a
contract signed after the conduct of the lottery.
81.5. If a
registered candidate, political party, block of political parties or referendum
campaigning group refuse to use airtime after the lottery has been conducted,
they must inform the relevant TV and Radio companies about this 2 days prior to
the day of air. TV and Radio companies decide themselves how to use the vacant
airtime except for election campaign purposes.
81.6. Allocation of
airtime on TV and Radio companies not considered by Articles 77.1 and 77.4 of
this Code for registered candidates, political parties, blocks of political
parties, referendum campaigning groups and its payment shall be performed on an
equal basis and conditions. TV and Radio companies that do not observe these
requirements and requirements of Article 78.2 of this Code cannot allocate
airtime for election campaign purposes for registered candidates, political
parties, blocks of political parties and referendum campaigning groups.
81.7. The contract on
allocation of paid airtime must consider the following:
81.7.1. method of election campaign;
81.7.2. time and date of airtime;
81.7.3. period of airtime provided, its terms and
amount of payment;
81.7.4. After fulfillment of the agreement indicating the
form and conditions of participation of a leading journalist , 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.
81.8. 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.
81.9. 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.
81.10. If a registered candidate, political party, block of
political parties and referendum campaigning group violate conditions defined
by this Code while using 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.
82.1. 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.
82.2. 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.
82.3. 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 the 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.
82.4. 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.
83.1. In order to
conduct unpaid pre-election campaign, candidates for Presidential elections,
political parties, block of political parties with registered candidates in
more than 50 single mandate election constituencies or in more than a half of
all municipalities, and the citizens’ initiative groups on referendum which
have 50,000 or more members are entitled to relevant space for free advertising
in periodicals mentioned in Article 78.2. of this Code, issued at least once a
week.
83.2 In order to conduct unpaid pre-election campaign, candidates
registered for single-mandate constituencies and the campaign groups on referendum,
which have 20,000 or more members, as well as political parties, block of
political parties which candidates have been registered in more than 1/3 of all
municipalities are entitled to relevant space for free advertising in
periodicals mentioned in Article 77.3. of this Code, issued at least once a
week.
83.3. In order to conduct unpaid pre-election campaign, candidates for
municipal elections and the campaign groups on referendum, which have 2,000 or
more members shall be entitled to relevant space for free advertising in
periodicals mentioned in Article 77.4. of this Code, issued at least once a
week.
83.4. Based on applications submitted by the referendum campaign groups
of candidates, political parties, block of political parties registered after
commencement of the date set forth in Article 75 of this Code, a lottery for
use of free advertisement pages shall be held among them within one week in the
order determined by the Central Election Commission.
83.5. Editorial
offices of the periodicals indicated in Article 77.1. of this Code shall
allocate special pages in their periodicals for free publications.
83.6. Total weekly volume of free space allocated
by editorial offices of each periodical indicated in Article 77.1. of this Code
to the registered candidates, political parties, blocks of political parties
and referendum campaign groups shall constitute at least 10% of the general
volume of space for the period provided for in Article 75 of this Code. The
editorial office of the publication shall announce the general volume of space
provided on free basis for pre-referendum campaign purposes publication, within
at least 50 days after publication of decision on identification of the
election day. Periodicals shall allocate equal space/volume for registered
candidates, political parties, block of political parties and campaign groups
on referendum.
83.7. Allocation of the general free space/volume
in the periodicals indicated in Articles 77.2. and 77.3. shall be determined
through dividing this general volume by the total number of registered
candidates, political parties, block of political parties and referendum
campaign groups which are entitled to free publication of pre-election
materials in those periodicals.
83.8.
Dates for free publication of pre-election campaign materials
of registered candidates, political parties, block of political parties and
campaign groups on referendum shall be identified by a draw, in the presence of
the interested parties. The draw shall be conducted on the date when the period
set forth in article 75 of this Code commences. Members of the relevant
election commission, as well as persons mentioned in Articles 40.2 and 40.4 of
this Code,2 can participate in the draw process. Results of the draw shall be
officialized by a protocol.
83.9.
The expenses spent by periodicals for allocation of free space
in the periodicals for registered candidates, political parties, blocks of
political parties and referendum campaign groups shall be reimbursed to the
periodicals from the state budget.
84.1. The periodicals mentioned in the Article 77.1 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 83.6. of this Code.
84.2. Every registered candidate, political party, block of political
parties and campaign groups on referendum for a certain amount of payment may
have a volume of space which is determined by dividing the total amount of
space allocated for reserve on the page into total number of appropriately
registered candidates and campaign groups of referendum.
84.3. The periodicals that are not mentioned in the Articles 77.1 and
77.4 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.
84.4. Periodicals, which are not mentioned in the Articles 77.1 and
77.4 of this Code, are paid on an equal basis and conditions for the cost of
offered volume of space to registered candidates, political parties, block of
political parties and campaign groups on referendum. Periodicals that do not
follow these rules and requirements of the Article 78.2 of this Code cannot
allocate space for pre-election campaign materials of a registered candidate,
political party, block of political parties and campaign groups on referendum.
84.5. After the draw, registered candidates, political parties, block
of political parties and campaign groups on referendum pay the cost of
allocated space on periodicals based on the contract with periodicals. A
registered candidate, political party, block of political parties and campaign
group on referendum must submit a 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. The
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 2 banking days.
84.6. Expenses for allocated space by the periodicals are paid from the
election funds of the registered candidate, political party, block of political
parties, campaign group on referendum.
84.7. Periodicals must provide a space, considered by the Article 84.2
of this Code within the period mentioned in the Article 75 of this Code.
84.8. The 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 the 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 75 of this Code. Members of the relevant election
commissions, as well as persons mentioned in the Articles 40 and 40.4 of this
Code, have the right to be present during the process of the draw. An official
protocol is made on the results of the lottery.
Article
85. Pre-Election Campaigning Rules for Using Periodicals
85.1.
If a registered candidate, political party or block of political
parties refuse to use the space allocated by the periodicals after the draw,
they must inform the relevant periodical about this at least five days prior
the date of publication. The periodical decides itself how to use the vacant
space, except for pre -election campaigning purposes.
85.2.
According to this Article no editing can be made without the
consent of candidates, political party, block of political parties, campaign
group on referendum during publication of pre-election materials.
85.3.
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.
85.4.
If periodicals have been founded by registered candidates,
political parties, block of political parties or political parties which are
member of block of political parties, rules on equal allocation of space and
Articles 78.1 and 78.3 of this Code are not applied to these periodicals.
85.5.
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. 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.
86.1.
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.
86.2.
Applications of registered candidates, political party, block
of political parties, authorized representatives of campaign group, and their
agents with a request to allocate a venue for meetings with electors, are
considered by the relevant executive authority in accordance with the
legislation of the Republic of Azerbaijan.
86.3.
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, block 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.
86.4.
Registered candidates, political parties, block of political
parties, and campaign groups on referendum have the right, regardless of the
form of ownership, to lease, based on a contract, buildings and rooms owned by
citizens and organizations.
86.5.
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.
86.6.
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, block
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, block of political parties, and citizens initiative
groups on referendum must be provided with equal conditions for conducting
these meetings, and opportunities shall be ensured for observers to observe such
meetings.
86.7.
According to the legislation, relevant executive bodies ensure
security and public order during pre-election mass actions.
87.1.
Registered candidates, political parties with registered
candidates, block of political parties, campaign groups on referendum have the
right to produce printed, audiovisual and other pre-election campaign materials
in accordance with the rules defined by the law on mass media.
87.2.
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, block of political parties, campaign groups on referendum
from the funds allocated by state bodies and municipalities.
87.3.
Printed and audiovisual pre-election campaign materials must
contain information on:
·
The company which produced it;
·
The organization which ordered the company to produce
it;
·
The quantity of issues;
·
The date of production.
87.4.
A registered candidate, political party, block of political
parties, and campaign group on referendum must submit detailed information
about printed pre-election campaign materials or their copies to the election
commission. Besides these materials, they must submit addresses of
organizations, which ordered and produced them, to the relevant election commission.
87.5.
It is prohibited to distribute pre-election campaign materials
violating rules defined by Articles 87.3. and 87.4. of this Code.
87.6.
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 a list of locations allocated for
displaying pre-election campaign materials from the Constituency Election Commission.
87.7.
In the cases not mentioned in Article 87.6. of this Code,
pre-election campaign materials can be displayed (hung, stuck, etc.) in the
rooms, buildings and other places if the owners of these places permit.
87.8.
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.
87.9.
If the election commission has the information about
distribution of spuriously printed, audiovisual and other pre-election campaign
materials or violation of rules defined by Articles 87.3., 87.4., 87.7., 87.8.
of this Code, the election commission must take necessary measures, and must
apply to the Milli Majlis of the Azerbaijan Republic, or according to the
Criminal Code, to the court to stop such campaign activities which contradict
the law and to remove the pre-election campaign materials distributed
illegally.
88.1.
Pre–election programs (pre-referendum calls) of registered
candidates, political parties, block 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.
88.2.
When conducting a pre-election campaign, it is prohibited to
abuse the mass media for campaigns, which incite social, racial, national and
religious hatred and hostility.
88.3.
It is prohibited to conduct a campaign, which violates
intellectual property rights.
88.4.
Candidates, registered candidates, political parties, block of
political parties, campaign group on referendum and their agents who
participate in pre-election campaign directly or indirectly, as well as other
persons and organizations are prohibited from:
88.4.1. giving money, giving
gifts and other valuable things (except for badges, stickers, posters and other
campaign materials with nominal value) to voters, excepting purposes for
performance of organizational works;
88.4.2. rewarding the voters
who performed organizational works, or promising to reward them depending on
results of voting;
88.4.3.1.
selling goods at a discount, providing goods (except for
printed materials) free of charge;
88.4.4. providing free or
discounted services;
88.4.5. 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.
88.5. Registered candidates, agents and authorized representatives of
political parties, block 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 (provided that the advertisement clearly
displays the relationship to a candidate or political party) according to the
rules mentioned in the Articles 81.3, 84.4 and 85 of this Code from the
relevant election (referendum) funds. Such advertisement should be terminated
24 hours prior to the commencement of voting.
88.6. If TV and radio companies and periodicals
mentioned in the Articles 77.1 and 77.4 of this Code participate in the
pre-election campaign and do not create conditions for a 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 false information which impugns the prestige, dignity and honor of
the candidate. If TV and radio companies and periodicals mentioned in the
Articles 77.1 and 77.4 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.
88.7. If a registered candidate, political party,
block of political parties, and campaign group on referendum violate Articles
87.2. and 87.3. of the present Code, 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, the relevant election commission warns by its decision
registered candidates, political party, block of political party, and campaign
group on referendum or applies to the court to stop illegal campaign. The
relevant decision of election commission is published on press.
88.8. If TV, radio companies and periodicals
violate the rules for pre-election campaigning defined by this Code, the
relevant election commission has the right to apply to law enforcement bodies,
the 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, press groups comprising
mostly journalists shall be established under the central and constituency
election commissions, in the order defined by the Central Election Commission.
CHAPTER
Fourteen. Financing Elections (Referendum)
89.1. 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.
89.2. Funds allocated for preparation and conduct of elections are
transferred by the relevant executive authority to the bank account of the
Central Election Commission within 10 days after the decision to determine
elections has been officially published.
89.3. 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.
89.4. 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.
89.5. 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.
90.1. To finance activities of candidates,
registered candidates, political parties which nominate candidates or have
candidates registered, block of political parties and referendum campaign
groups election (referendum) funds (hereafter referred to as election funds)
are created.
90.2. The following are prohibited from rendering voluntary donations
and assistance in kind or through service provision to election funds of candidates, political parties, blocks of
political parties, and campaign groups on referendum:
90.2.1
Foreign countries and foreign legal entities;
90.2.2
Foreign citizens;
90.2.3
Persons without citizenship;
90.2.4
Citizens who are under 18 years of age;
90.2.5
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;
90.2.6
International organizations and international public movements;
90.2.7
State bodies, and municipalities;
90.2.8
State and municipal organizations and offices;
90.2.9
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;
90.2.10
Military units;
90.2.11
Charitable organizations, religious associations, offices and
organizations;
90.2.12
Anonymous donation provider who does not indicate one of the
following pieces of information:
For
a citizen:
·
Name, surname, middle name;
·
Batch and serial number, date of issue, of his/her
identification document or a document substituting it;
·
His/her address;
·
Birth of date;
For a 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 charter
capital – misinforming or not informing thereabout
90.3. A 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:
90.3.1
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;
90.3.2
To pay expenses regarding pre-election campaign, as well as
information and consulting services;
90.3.3
Expenses regarding other works during the pre-election
campaign performed by legal entities and citizens;
90.4. 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, block of political parties, campaign
groups on referendum are prohibited from using other funds, besides the
election funds, for the purposes mentioned in Article 90.7 of this Code. These
rules, except the cases mentioned in the Articles 55.3 and 69.8 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.
91.1. 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 the registration of
candidate, and a campaign group on referendum. Candidate, political party,
block of political parties and campaign group on referendum can open only one
special account.
91.2. The relevant bank must open within 3 days a
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 a 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.
91.3. All financial transactions of registered
candidates, political parties with registered candidates, block of political
parties, initiative groups on referendum are stopped within 3 days after the
voting day.
91.4. 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 parties and a
campaign group on referendum in the following cases:
·
If the necessary documents for registration defined in
accordance with the rule in this Code were not submitted to the relevant
election commission or the person refused to be registered;
·
If the person who wanted to become a candidate
withdraws his/her application of consent or candidacy;
·
If a political party, block of political parties
withdraw its candidate;
·
If initiators of a 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 a campaign group on
referendum is less than the number defined in the Article 63 of this Code; or
·
if a decision was made to cancel the registration.
92.1. The Central Election Commission can prolong
the period of financial operations based on the appeal (request) of a
candidate, registered candidate, political party, block of political parties
and campaign group on referendum in the following cases:
92.1.1. For covering
expenses of candidate, political party with registered candidate 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 ; 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 Article
63 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;
92.1.2. In connection with
reimbursement of the cost of activities performed by
·
A candidate, who withdrew his/her candidacy;
·
Political parties, block of political parties that
withdrew its registered candidate;
·
A candidate whose registration was cancelled;
·
Political parities, block of political parties,
referendum campaign group, single list of candidates of which was
cancelled,before the decision on refusal of registration of the candidate, list
of candidate was made.
92.1.3. Other cases, which
require covering the expenses spent for the actions up to the Election Day by a
registered candidate, political party, block of political parties, and campaign
groups on referendum.
93.1.
Voluntary donations to the election fund of a candidate,
registered candidate, political party, block of political parties, and campaign
group on referendum are transferred through 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, patronymic;
·
Date of birth;
·
Address
·
Batch and serial number of identification document or a
document which substitutes it.
93.2.
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.
93.3.
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.
93.4.
A 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.
93.5.
If donations are transferred to the election funds of
candidates, registered candidates, political parties, block 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.
93.6.
A candidate, registered candidate, political partiy, block of
political parties, and campaign group on referendum are not responsible for
accepting the donations due to the inaccurate information mentioned in Articles
93.1 – 93.2 of this Code only when they did not receive the information about
inaccurate documents in time.
93.7.
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.
93.8.
Citizens and legal entities can assist the nomination and
election of a candidate, registered candidate, single list of candidates by
transferring donations to the relevant election funds.
93.9.
If a candidate, 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, representatives and other organizations are
prohibited from rendering assistance free or at a baseless discount regarding
the elections and referendum.
93.10.
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.
94.1
Registration of opening and use of specific bank accounts,
rules for reporting, as well as rules for collection and expenditure of
election funds of candidates, registered candidates, political parties, block
of political parties, and campaign groups on referendum are defined by the
Central Election Commission with an agreement of National Bank at least 110
days prior to the Election Day.
94.2
A candidate, registered candidate, political party, block of
political parties, and campaign group on referendum must register the
collection and expenditure of their election funds.
94.3
Candidates, registered candidates, political parties submit
their financial report to the relevant election commission as follows:
94.3.1.
first initial financial report is submitted to the relevant
election commission in accordance with the rule defined by this Code together
with the required documents for registration; this report contains information
for two days prior to filing;
94.3.2.
second initial financial report is submitted to the relevant
election commission at earliest 20 days and at least 10 days prior to the
Election Day; this report contains the information for 7 days prior to filing;
94.3.3.
final financial report is submitted at latest 10 days after
final results of elections (referendum) officially published; initial financial
documents on the collection and expenditure of election funds are attached to
the final financial report.
94.4
If a candidate, registered candidate lose his/her status, the
duties for financial reporting shall be assumed by citizens who have been a
candidate, registered candidate. The
duties for financial reporting of political parties, block of political parties
and referendum campaign group shall be carried out by their representatives
authorized for financial issues. If
there is no such authorized representative, financial reporting can be made by
other persons who are included in the staff of political parities or block of
political parties, and participated in the election (referendum) campaign and
who are authorized to represent political parties, referendum campaign group.
95.1. Copies of financial reports of registered candidates, political
parties and block of political parties which have a registered candidate,
referendum campaign groups shall be published within 5 days after their receipt
by the relevant election commissions.
95.2. The relevant bank shall inform the Central Election Commission
about the funds entered and spent from the special funds of candidates,
registered candidates, political parties and block of political parties not
less than once a week; within 10 days prior to the election day – not less than
once in three banking days. State Automated Information Systems can be used for
these purposes and dissemination of such information shall not be allowed.
Accordingly, constituency election commissions and the Central Election
Commission shall submit the information on collecting and expenditure of
election funds to the mass media, regularly, not less than once every two weeks
up to the election day. The relevant election commission shall inform
registered candidates, political parties and block of political parties with a
registered single list of candidates, about their collection and expenditure of
election funds, provided by the relevant bank, on their official request.
95.3. The periodicals considered by the Articles 77.2. and 77.3. of
this Code are to publish information on the receipt and expenditure of funds
given to them by the relevant election commissions.
95.4. The Relevant
executive authorities shall submit information on founders of a legal entity or
legal entities, presence or lack of state, municipal or foreign share in legal
entities charter capital, name of legal entity, date of registration of legal
entity to the relevant election commissions within five days after the list of
legal entities which have contributed donations to the candidates, political
parties and blocks of political parties is received from the relevant election
commissions. This information is submitted in accordance with format defined by
the Central Election Commission. State Automated Information System can be used
for these purposes and dissemination of such
information shall not be allowed.
95.5. The relevant election commission shall provide candidates,
registered candidates, political parties and blocks of political parties with
information received by the commission
immediately, in accordance with their request.
95.6. If the election commission receives information about
contribution that violates the requirements of the Articles 90 and 93 of this
Code, the relevant candidate, registered candidate, political parties and
blocks of political parties shall be informed about this immediately.
96.1.
Funds allocated for preparation and holding of
elections (referendum) and for organization of election commissions’ activities
shall be used by the election commissions independently for the purposes
defined by this Code.
96.2.
The following directions of
activities of election commission shall be financed from the state budget including
balance of funds from the previous elections (referendum):
96.2.1. participation of registered candidates, political parties
and block of political parties, referendum campaign groups which have a
registered single lists of candidates in formation of election funds, in
accordance with the rules and amount defined by this Code;
96.2.2. transport expenditures and compensations paid for
candidates registered for an election constituency (constituencies) in
accordance with the rules and amount determined in Article 70 of this Code;
96.2.3. payment of salaries for members of election commissions
with decisive voting rights, employees of election commissions or
supernumerary employees who work in
election commission on the basis of civil contract;
96.2.4. producing stamps, implementing printing activities,
acquiring technical equipment and its installation;
96.2.5. transport expenditures, as well as transport expenditures
in remote and difficult to access districts;
96.2.6.
transportation and security of
election documents;
96.2.7. implementation of proposed programs in the field of development of election systems, voters
education and election organizers’ education;
96.2.8. payment of business trips and other expenses regarding the
elections; other expenses regarding powers and functions of election
commissions.
96.3.
The average monthly salary of
an election commission member with a decisive voting right who is released from
his/her state or municipal employment during the preparation and holding of
elections should remain with his/her employer at his/her main working place and
they shall be paid additional salary by the relevant election commission in
accordance with rules and amount defined by the Central Election Commission.
96.4.
The rules for the transfer of money
allocated by the Central Election Commission for other election commissions,
report, registration, opening and closing of bank accounts are defined by the
Central Election Commission together with the National Bank at least 90 days
prior to the voting day. The bank shall not charge election commissions for
opening a bank account or for conducting bank operations. No interest is paid
for use of these accounts. Election commissions conduct financial records of
expenditure of funds allocated from the state budget.
96.5.
The Central Election Commission
together with the National Bank, shall define the samples of financial reports
of election commissions on receipt and expenditure of funds allocated for the
preparation and conduct of elections, document on receipt and expenditure of
election funds of candidates, registered candidates, political parties, blocks
of political parties at least 90 days prior to the voting day.
96.6.
The precinct election commission
shall submit its financial report on receipt and expenditure of election funds
allocated from the state budget to the constituency election commission within
5 days after the voting day.
96.7.
The constituency election commission
shall submit to the Central Election Commission its financial report on receipt and expenditure of funds
allocated from the state budget within 10 days after the voting day.
96.8.
The constituency election commission
shall submit information on receipt and expenditure of election funds of
candidates and registered candidates to the Central Election Commission within
10 days after final results of elections for single-mandate constituencies are
officially published.
96.9.
The Central Election Commission
provides the President of the Republic of Azerbaijan, the Milli Majlis and the
mass media with the information about use of funds in the budget amounts, use
of election funds by candidates, registered candidates, expenditure of election
funds of political parties and block of political parties and referendum
campaign groups within three months after official results of elections are
published. The information mentioned above must be published by the official
press of the Central Election Commission within a month starting the date it
submitted this information to the President of the Republic of Azerbaijan and
to the Milli Majlis.
97.1.
A supervisory and audit
service shall be established in the Central Election Commission and
constituency election commissions to ensure the control of expenditure of
funding allocated to election commissions for election purposes, correct
registration and use of election funds and sources of funding.
97.2.
The supervisory and audit
service includes the following:
97.2.1. head of the supervisory and audit service;
97.2.2.
election commission members
appointed to that service, experts involved from the government, National Bank
and other organizations and institutions. According to the request of relevant
election commissions, and starting from the date of official publication of
decision on assignment of the election (referendum), the bodies mentioned above
must send relevant specialists to the Central Election Commission and to the
Constituency Election Commission for the period of elections (referendum).
97.3.
When experts involved with
the supervisory and audit service are employed by state or municipal bodies or
temporarily released from their employment, their average salaries shall be
preserved in their permanent working place and they shall be paid additional
salary from the relevant election commission in accordance with the rules and
amount defined by the Central Election Commission.
97.4.
The Central Election
Commission shall approve the statute of the supervisory and audit service.
Organizational, legal and logistical support to the supervisory and audit
service shall be provided by the relevant election commissions.
97.5.
The supervisory and audit
service has the right to control receipt of funding to the election funds of
candidates, registered candidates, political parties and block of political
parties, referendum campaign groups, registration of these funds and their
purposeful expenditure, as well as purposeful expenditure of funds allocated
for subordinate election commissions. For these purposes the supervisory and
audit service:
97.5.1. shall audit financial reports of candidates, registered
candidates, political parties and blocks of
political parties, referendum campaign groups and lower level election commissions;
97.5.2.
shall obtain information on
all issues within its powers from the candidates, registered candidates,
political parties and block of political parties, referendum campaign groups
and election commissions;
97.5.3.
shall obtain necessary
information on issues concerning this service and finance of elections from the
executive authorities, municipalities, organizations and citizens: requests of
supervisory and audit service should be answered within 10 days, but 5 days
prior to the voting day and on the voting day – immediately;
97.5.4.
shall prepare documents on
financial violations that occurred during the finance of elections
(referendum);
97.5.5.
shall raise a matter before
the relevant election commission on implementation of accountability measures
for the violations occurred during finance of elections by physical and legal
entities, candidates, registered candidates, political parties and blocks of political parties, referendum campaign
groups;
97.5.6.
shall involve experts for
conducting investigations and for preparing expert considerations.
SECTION
FOUR. Holding of Elections (referendum)
Article
98. Voting Room
98.1.
Voting room shall be allocated to the Precinct Election
Commission by relevant executive body or municipality free of charge.
98.2.
There must be a hall equipped with ballot boxes, voting
compartment and other specific equipment for secret ballot in the voting room.
Or there must be rooms useful for secret ballot equipped with light, desk and
writing materials there. Ballot boxes, voting booths and other specific
equipment shall be located in such way that will not hamper actions of the
voters.
98.3.
Notice boards for displaying information about candidates,
rules for completing ballot papers shall be located in the voting room in the
order determined by the Central Election Commission. Notice board mentioned
above must be placed so that voters can read the materials on it easily.
Samples of the ballot paper cannot contain names of registered candidates
(political parties and block of political parties). Referendum ballot papers
cannot be marked. Information on criminal and administration legislations which
impose liability for violation of voters’ rights to elect must be displayed on
the notice board.
98.4.
Enlarged samples of protocol on results of voting must be
displayed in the voting room from the time the voting commences, for the
purposes of demonstrating the results of voting.
98.5.
The voting room must be located in a place that Precinct
Election Commission members and observers can easily observe a place where
ballot papers shall be issued, voting compartments, other places for voting and
ballot boxes.
99.1.
Rules for preparation, text and format of election
(referendum) ballot papers (hereinafter – ballot paper), their number and
requirements for preparation shall be approved by the Central Election
Commission at least 35 days prior to the voting day.
99.2.
Each ballot paper must
be numbered one-by-one and in sequence, in accordance with the rule established
by the Central Election Commission and must contain instructions on how to
complete it. The Number of the ballot shall be indicated on its cut-off corner.
99.3.
The ballot paper shall be printed in
the State language.
99.4.
Ballot papers shall be published on a decision of the Central
Election Commission in printing houses not later than 22 days prior to the
voting date and under observation of members of the Central Election
Commission. Accordingly, the number of prepared ballot papers cannot exceed the
number of voters registered in election constituencies (nationwide
constituency) by more than 3%
99.5.
The printing house shall ensure sorting out of defected ballot
papers from the usable ones and submit the ballot papers to the authorized
representative of the Central Election Commission according to the act
containing indication of their quantity, date and time of issuance and numbers.
Having submitted ballot papers in accordance with the order, employees of the
printing house destroy defective and extra ballot papers and draws up an act
about this signed by all participants. The relevant members of election
commission and persons indicated in Articles 40.2. and 40.4. can oversee
execution of actions that accord this Code. The Central Election Commission
should give information to registered candidates, political parties, block of
political parties about place and time of distribution of ballot papers.
99.6.
After receipt of ballot papers from the printing house, at
latest 20 days prior to the voting day, the Central Election Commission, in the
presence of the chairman and secretaries of constituency election commission,
shall draw up an act containing information about the number of ballot papers,
date and time of their issuance, and hand out the ballot papers to the
chairman. The constituency election commission shall submit the ballot papers
to precinct election commissions in accordance with established procedure 4 days
prior to the voting day. The number of ballot papers given to precinct election
commissions cannot be less than 90% or 0,5% more than the number of voters
included on the list of an election precinct by the day of submission of the
ballot papers. Ballot papers shall be counted by the precinct election
commission and the number of obtained ballot papers be verified by decision of
the precinct election commission. If number of ballots to be issued does not
coincide with that of issued ballots, then the constituency election commission
shall immediately be informed about the matter. The top right corner of the
ballot papers is verified by the seal of precinct election commission.
99.7.
Chairpersons of election commissions that submit, receive and
protect ballot papers shall bear responsibility for submission and storage of
the ballot papers.
99.8.
In exceptional cases and if technical facilities are
available, in ships navigating on the voting day and in election precincts
organized outside the Azerbaijan Republic, precinct election commissions are
allowed to produce election documents, including ballot papers, pursuant to
Articles 35.4 and 35.6 of this Code. Decision on production of election
documents with indication of appropriate circulation shall be made by a relevant
precinct election commission on agreement with the Central Election Commission.
99.9.
After the end of voting time on the voting day all unused
ballot papers in the constituency election commission shall be cancelled and
the constituency election commission shall draw an act about this fact. Persons
indicated in Articles 40.2. and 40.4 can participate at cancellation of the
ballot papers. Cancelled ballot papers shall be stored in the secretariat of
the commission together with other documents.
Article
100. Voting Protocols of Election Commissions
100.1.
Regulations for the preparation of voting protocols of
election commissions (hereinafter – the protocols) taking into consideration
the Special Section of this Code, as well as their text and layout, quantity and
preparation requirements shall be approved by the Central Election Commission
at least 45 days before the election day.
100.2. The
following information shall be included in each protocol:
100.2.1.
total number of voters in the voters list;
100.2.2.
number of voters who obtained voting cards;
100.2.3.
quantity of ballots provided by the constituency election
commission to the precinct election commission (by the Central Election
Commission to the constituency election commission);
100.2.4.
quantity of ballots issued to voters on the voting day;
100.2.5.
number of voters who received ballot papers;
100.2.6.
quantity of ballots issued to voters voted outside the voting
station;
100.2.7.
number of voters voted with voting card;
100.2.8.
quantity of unused ballots;
100.2.9.
quantity of cancelled ballots;
100.2.10. quantity
of ballots in immovable ballot boxes (excluding ballots of indeterminate form);
100.2.11. quantity
of ballots in mobile ballot boxes (excluding ballots of indeterminate form);
100.2.12. quantity
of valid ballots;
100.2.13. quantity
of invalidated ballots (including ballots which have uncertainty in various
lines, and unmarked ones);
100.2.14. quantity
of spoilt ballots.
100.3.
The protocols shall be produced in the form of a booklet,
which consists of 3 carbonized copies (each copy of different color).
100.4.
Corresponding to rules identified by the Central Election
Commission, each protocol shall be enumerated in succession, and their serial
numbers be indicated appropriate to number of election protocols (except for
protocols of the Central Election Commission).
100.5.
Protocols shall be published in the State language.
100.6.
According to a decision of the Central Election Commission,
the voting protocols shall be published in printing institutions under the
observation of representatives of the Central Election Commission, at least 30
days prior to the election day.
100.7.
The printing institution shall ensure spoilage (?) of
the protocols, and hand the ballots (?) over to an authorized representative of
the Central Election Commission on the basis of an act, that indicates their
quantity, date and time of issue. After the protocols are handed over corresponding
to the order, staff of the printing institution shall eliminate the spoilt
printed protocols and compile an act about the matter, approved by signatures
of all participants. Fulfillment of these procedures can be observed by members
of the Central Election Commission and persons indicated in Articles 40.2. and
40.4. of this Code. The Central Election Commission shall inform the registered
candidates and authorized representatives of political parties and blocks of
political parties on place and date of issuance of the protocols.
100.8.
After receiving the protocols from the printing institution,
the Central Election Commission shall at latest 20 days prior to the election
day draft an act in presence of chairperson and secretaries of a relevant
constituency election commission, which indicates the quantity of the
protocols, their serial and batch numbers and date and time of issue, and
provide the protocols to the chairperson of the constituency election
commission, taking into account quantity of election precincts. The
constituency election commission shall allocate the protocols to the election
precincts in the mentioned order, 4 days prior to the election day.
100.9.
Chairpersons of election commissions, that issue, accept and
secure the ballot papers, shall be responsible for issuance and keeping of the
protocols.
100.10.In exceptional
cases and if technical facilities are available, in ships navigating on the
voting day according to Article 37.4 of this Code and in election precincts
organized outside the Azerbaijan Republic, the precinct election commissions
are allowed to produce the protocols.
100.11.Copies of the
election protocols shall be produced at the same time with the election
protocols, and provided to election commissions. Every single commission shall be
provided with 30 copies of the protocol. Serial and batch numbers shall be
printed on copies of the protocols, and be indicated in writing corresponding
to the relevant protocol, when filling in the copy of the protocol. Copies of
protocols and other documents of election commissions submitted to the persons
mentioned in Articles 40.2. and 40.4 of this Code can be verified by the
chairperson or secretary of an election commission. In this case, the person
shall write the words “Matches with the original” on the copy of the document
to be verified, sign it (indicating the serial and batch numbers), approve by
the commission’s stamp and indicate the date of approval. In order to obtain
the verified copy of the protocol the persons specified by articles 40.2 and
40.4 of this Code shall pay the fee determined by the Central Election
Commission, taking into account Article 42.1.8 of this Code.
100.12.Protocols shall be
completed and signed by the members of the election commission with decisive
voting right. Any member of the voting commission with decisive voting right
who disagree with the whole protocol or its various parts shall enclose his/her
special opinion to the protocol, and relevant notes shall be made in the
protocol in this regard. The persons specified by articles 40.2 and 40.4 of
this Code can observe the procedures of completion of protocols. It is prohibited to complete the protocol by pencil or to
make any corrections on it.
100.13.The third copy of each protocol shall be posted on the
notice board, after the protocol is complete, and be kept there for 5 days.
Article
101. De-registration Card for Voting
101.1. Requirements
on form, rule of their preparation of de-registration card for voting
(hereinafter – voting card), form and preparation of issuance register shall be
approved by the Central Election Commission not later than 60 days prior to the
voting day. The voting cards shall be produced in accordance with rules
established in Articles 99.4. and 99.5. of this Code. Voting cards shall be
issued by superior election commissions to the lower election commissions in
accordance with rules set forth in Article 99.6. of this Code. Chairpersons of relevant election commissions shall be
responsible for issuance and storage of the voting cards.
101.2. A
voter included on the voters list and not having the possibility to vote in the
election precinct on the voting day, can get a voting card in the relevant
constituency election commission (45-25 days prior to the voting day) or in the
relevant precinct election commission (24-3 days prior to the voting day), and
can vote on the basis of the voting card in the election precinct of the
territory where he is on the voting day.
101.3. The
voting card shall be issued to a voter on his or her application by the
relevant election commission or to his representative on the basis of power of
attorney certified by a notary. Reasons for receiving the voting card by the
voter should be indicated in the application. Within two days after the
application is submitted, the precinct election commission shall apply to the
constituency election commission and clarify whether the voter has obtained the
voting card before or not. Issue of more than one voter card to one voter is
prohibited.
101.4. The
constituency election commission shall draw up the voting cards register.
Surname, name, patronymic, date of birth, residential address of the voters
received the voting card should be indicated in the register. 25 days prior to
the voting day, the constituency election commission shall send approved extracts
from the register together with the voters list to the precinct election
commissions. Precinct election commission can make corresponding notes in the
voters list based on the extracts.
101.5. A
voter or his/her representative shall sign in the register (constituency
election commission) or in the voters list (precinct election commission)
indicating serial and batch number of identification or substitute document on
receipt of the voting card. On this ground the voter shall be removed from the
voters list of the relevant election precinct, shall not be taken into
consideration when calculation of the number of registered voters and not be
included in the relevant protocol.
101.6. The
Precinct Election Commission shall provide the Constituency Election Commission
with information on the given voting minutes (?) immediately after the
card is issued. The Constituency Election Commission shall within 2 days
present this information to the Central Election Commission.
101.7. The
voting card should be verified by the seal of the election commission issuing
the card, the signature of a member of the relevant constituency or precinct
election commission should be on it.
101.8. Upon
presenting the voting card, the voter should be included in the voters list.
101.9. The
voter shall indicate his residential address in the additional de-registration
card when receiving a ballot paper on the voting day.
101.10. Top right
corners of unused voting cards shall be cut before the commencement of voting
on the voting day and the relevant act on this shall be drawn up by
constituency or precinct election commission. Based on this act, the number of
voters who received voting cards and those who voted with voting cards shall be
indicated in the protocol of the precinct election commission.
Article 102. Envelope for Ballot Papers
102.1.
Envelopes for ballot papers (hereinafter – the envelope) shall
be produced corresponding to quantity of and at the same time with ballot
papers, and be allocated to relevant election commission together with the
ballot papers.
102.2.
the Format of envelopes, which is appropriate to the
parameters of ballot boxes, shall be presented by the Central Election
Commission upon approving format of ballot papers.
Article 103. Ballot Boxes
103.1.
Parameters of ballot boxes (for ballot boxes, and separately
for mobile ballot boxes) shall be approved by the Central Election Commission.
103.2.
Ballot boxes shall be transparent, and degree of transparency
shall be sufficient for observing fullness of the ballot box.
103.3.
The slit for placing ballots into ballot box shall be
impossible to place more than one ballot at the same.
103.4.
Ballot boxes shall be sealed by the precinct election
commissions chairpersons in the manner established by the Central Election
Commission, 3 days prior to the voting day.
104.1.
Voting shall be held from 08:00 till 19:00 on the voting day.
The precinct election commission should inform the voters of the place and time
of voting not later than 25 days prior to the voting day via mass media or
using notice boards.
104.2.
Shall the total number of voters in the settlement be less
than 50, and more than 1 hour is needed to reach relevant election commissions
from those settlements, the constituency election commission can use public
transport means to deliver the mentioned voters to the election precincts where
they are registered. Such transportation expenses shall be paid from funds
allocated by the Central Election Commission to the constituency election
commission.
104.3.
If all voters being in the voters list took part in the
voting, precinct election commissions of election precincts organized on ships
navigating under the State Flag of the Azerbaijan Republic, in military units,
in distant and almost impassable places can give information about early ending
of the voting.
104.4.
If a voter ascertain that he/she will not be able to go to the
polling station on the voting day because of health state or other good
reasons, he/she should directly or via some other person inform the precinct
election commission either orally or in writing at least 24 hours prior to the
voting day about his/her intention to vote outside the voting room. If the
intention is declared orally, it shall be officialized by a relevant
application during the voting. Constituency election commissions can issue
permission to ships navigating under the State Flag of the Azerbaijan Republic
and almost impassable distant places to hold the voting not earlier than 10 days prior to the voting
day.
104.5.
At 08:00 on the voting day the chairperson shall declare the
election precinct open, shall show empty ballot boxes to the members of the
election commission, the voters being there, observers, and seal them, then he
shall invite the members of the precinct election commission to commence the
voting.
104.6.
Voters shall sign the voters list on receipt of the ballot
paper, and serial and batch number of their identification or substitute
document shall be recorded in the voters list. Serial and batch number of their
identification or substitute document shall be entered in the voters list by a
member of the precinct election commission. The voter shall check correctness
of the records and sign the ballot paper upon receiving it. An envelope along
with a ballot paper shall be submitted to the voter. Liquid seen only through
ultraviolet signatures (?) shall be put on the right hand thumb of a
voter. Prior to issue of a ballot, the right hand thumb of the voter will be
checked with ultraviolet signature (?). If the voter has no opportunity
to receive a ballot paper independently, he/she can use the help of other
persons, except members of precinct election commission and observers. The
person who helps the voter should put down his/her surname and initials and
sign the column “signature of voters on receipt of ballot paper”.
104.7.
One of the precinct election commission members shall stand at
the entrance of the election precinct and check identification cards or other
identification documents of the citizens entering the precinct.
104.8.
On issuance of ballot paper a member of precinct election
commission shall sign the numbered left hatched corner of the ballot paper, cut
and keep it.
104.9.
Every voter shall vote in person and alone. To vote in place
of other persons is prohibited. Ballot paper shall be marked in a place where
nobody is authorized to enter and equipped with special technical means for the
secret vote. A disabled voter, who is
not able to mark the ballot paper without assistance, can invite any other
person to the voting booth, except members of precinct election commission and
observers. The surname and initials of this person shall be indicated together
with the voter’s signature on receipt of the ballot paper in the voters list.
105.1. The precinct
election commission should create possibilities to all voters, including those
who cannot come to the voting room because of the state of health and other
reasons specified as good ones by the Central Election Commission. A mobile box
for this purpose should be available in election precinct.
105.2. The number of
voter’s requests for voting outside the voting room shall be verified by the
constituency election commission, at least 2 days before the voting day. The
intention of a voter to vote outside the voting room should be confirmed again
by his written application to be sent to the precinct
election commission, in the presence of not less than 2 members of the precinct
election commissions, which represent various political parties and
non-partisans and observers. If a voter did not make a written request for a
mobile ballot box, he/she must make an application in the presence of Precinct
Election Commission members. In such case, serial and batch numbers of the
identification card or other substitute document of the voter shall be
indicated in the application. The voter records the receipt of his/her ballot
paper in the request and verifies this with his/her signature.
105.3. The mobile ballot boxes shall be used only on the voting day.
Members of precinct election commission who accompany the mobile ballot box
should take the number of ballot papers equal to the number of requests (3
ballot papers shall be added to this number). The number of used and returned
ballot papers from voters requesting a mobile ballot box must be recorded in a
separate document. At the same time, the voters voting using the mobile ballot
box are marked on the voters list by a member of the precinct election
commission. After the mobile ballot box is returned by the Precinct Election Commission
members to the voting station, it is not opened until vote counting commences,
and its slit shall be closed and sealed.
105.4. The mobile ballot box voting must be organized so that there are no
violations of the voter’s right to vote or the requirements for a secret ballot
and not influencing the voter’s choice.
106.1. When voting hours end, the precinct election commission chairperson
announces loudly: “only voters who have already received ballot papers and
those in the voting compartments (booth) can vote.” In this case, voting of the
voters standing before the announcement only shall be ensured. Before opening
the ballot box, precinct election commission members count and cancel unused
ballot papers in the presence of observers in the voting station. The number of
unused ballot papers is announced and recorded in the final protocol of voting
results. The number of signatures of voters who have received ballot papers is
recorded in the final protocol on results of voting. At the same time, the
number of voters voting with a de-registration card and those voting outside
the voting room using mobile boxes, shall be recorded in the final protocol.
Then the precinct election commission chairperson examines the stamps and seals
of the ballot boxes, shows these to the precinct election commission members
and observers and opens the ballot boxes.
106.2. Ballot boxes are opened one by one: first the mobile ballot box,
then the ballot box. Ballot papers in the mobile ballot box are counted first.
Their number must not exceed the number of requests. When counting ballot
papers from the mobile ballot box, if the number of ballot papers is more than
the number of requests, then all ballot papers in the mobile ballot box are
considered to be invalid by decision of the precinct election commission. An
act on this, which includes a list of the surnames of the commission members
that accompanied the mobile ballot box, is attached to the final protocol.
Number of voters who have voted with a voting card is added to the number of
voters who appear on the voters list of the precinct (number of voters who have
been issued voting card from this precinct is not included).
106.3. When counting the votes of voters of the precinct election
commission, ballot papers of indeterminate form, including those unofficially
produced, incorrectly numbered or having uncertain numbers, not verified by the precinct election commission
and considered in accordance with the Special Section of this Code to be
invalid shall be separated first of all.
106.4. If the voting intention of the voter is clear, the ballot paper is
valid. If there is more than one ballot paper in the envelope, if it is
difficult to determine the intention of the voter in the ballot paper, if the
ballot is not marked at all and is as specified in the Special Section of this
Code, the ballot paper (papers) shall be considered to be invalid. Shall there
be more than one ballot in an envelope, all the ballot papers will be
considered invalid. If there are doubts about the validity of a ballot paper,
the precinct election commission votes to determine if the ballot paper is
considered valid. If a decision is made to consider the ballot paper invalid,
the reasons for the decision are recorded on the reverse side of the ballot
paper. Such record must be approved by the signatures of chairperson and
secretary of the precinct election commission. Invalid ballot papers are packed
separately.
106.5. Counting of votes by the precinct election commission chairperson,
with the participation of precinct election commission members, continues
without a break until the count is finished. During this period, every used
ballot shall be stamped. All precinct election commission members and observers
are advised of the results of voting.
106.6. The final protocol on voting results shall be completed in the
voting station, with participation of precinct election commission members and
in the presence of the persons specified in Articles 40.2. and 40.4. of this
Code, and is signed by all precinct election commission members with decisive
voting right after completing of protocol is finalized.
106.7 First copy of the protocol together with complaints (applications)
about violations of this law received by the precinct election commission and
decisions made by the precinct election commission with respect to these
complaints and applications, an act on receipt of ballot papers by the precinct
election commission, an act on canceling the unused ballot papers (recording
their number), an act on issuing voting cards and on canceling unused voting
cards (recording their number), an act the number of torn off left corners of
the ballot papers, an act on the number of spoiled ballot papers mentioned in
the Article 100.2.14/ of this Code, along with packaged and stamped ballots
shall immediately, but not later than 24 hours, be sent to the constituency
election commission under observation of the chairman and a member of the
precinct election commission. All documents mentioned above should be signed by
the chairperson and secretaries of the precinct election commission. Verified
copies of complaints (applications), decisions of precinct election commissions
and acts mentioned above shall be attached to the 2nd copy of the
protocol.
106.8. The second copy
of the protocol, the torn off left corners of those ballot papers, the torn off
pieces of spoiled ballot papers as well as with list of persons mentioned in
Article 40.2 and 40.4 of this Code who observed voting and vote count shall be
kept by the secretary of the Precinct Election Commission until the commission
has finished its activities.
106.9. The Precinct
Election Commission established outside of the Republic of Azerbaijan shall
send the first copy of the protocol on voting results together with the
attached documents to the Constituency Election Commission determined by the
Central Election Commission within 3 days starting from the election day.
106.10. The constituency or precinct election commission shall consider
voting in the referendum precinct ineffective, if legal violations occurred
during conduct of elections (referendum) or in course of identifying voting
results do not allow to identify the will of voters; or on the basis of a court
decision.
Article 107. Completion of Protocols of
Constituency Election Commission
107.1.
Protocols of constituency election commissions shall be
completed on basis of the integrated information from protocols of precinct
election commissions. Integration of the mentioned information shall be carried
out uninterruptedly.
107.2.
Along with items enlisted in Article 100.12. of this Code, the
number of precinct election commissions and quantity of protocols submitted by
those commissions, as well as the number of protocols taken as a basis for
completion of protocol of the constituency election commission and number of
election precincts where voting failed, shall also be indicated in protocol of
the constituency election commission.
107.3.
The first copy of the protocol of
the constituency election commission together
with complaints (applications) about violations of this law received by the constituency
election commission and decisions made by the constituency
election commission with respect to these complaints
and applications, an act on receipt of ballot papers by the constituency
election commission, an act on canceling the unused
ballot papers (recording their number), an act on issuing voting cards and on
canceling unused voting cards (recording their number) shall without any delay
be sent to the Central Election Commission. The mentioned acts shall be signed
by the chairperson and secretaries of the constituency election
commission. Verified copies of complaints
(applications), decisions of constituency election commission and acts
mentioned above shall be attached to the 2nd copy of the protocol.
107.4.
The 2nd copy of the protocol, along with packaged and stamped ballots, the torn
off left corners of those ballot papers, as well as with list of persons
mentioned in Article 40.2 and 40.4 of this Code who observed voting and vote
count shall be kept by the secretary of the Precinct Election Commission until
the commission has finished its activities.
107.5.
Shall the constituency election
commission reveal mistakes, inadmissible corrections and inconsistencies in the
protocol (including other documents attached thereto) of a precinct election
commission, the constituency election commission may adopt a decision on the
recount of votes in the relevant election precinct. In this case, the recount
of votes shall be undertaken by the members of the constituency election
commission with decisive voting right. The relevant precinct election
commission and the persons indicated in Articles 40.2. and 40.4 of this Code
shall in advance be advised of the recount of votes. A protocol shall be
compiled on recount of votes and the words “recount of votes” be recorded on
it.
Article 108. Completion of Protocols of
the Central Election Commission
108.1.
Protocols of the Central Election Commission shall be
completed on basis of the integrated information from protocols of constituency
election commissions. Integration of the mentioned information shall be carried
out uninterruptedly.
108.2.
Complaints (applications) about
violations of this law received by the Central Election Commission and decisions made by the Central Election
Commission with respect to these complaints and
applications, an act on receipt of ballot papers by the Central Election
Commission, an act on canceling the unused ballot
papers (recording their number), an act on issuing voting cards and on
canceling unused voting cards (recording their number) shall be attached to the
first copy of the protocol of the Central Election Commission. The mentioned acts shall be signed by the chairperson and
secretaries of the Central Election Commission.
Verified copies of complaints (applications), decisions of the Central
Election Commission and acts mentioned above shall be
attached to the 2nd copy of the protocol.
108.3.
Shall the Central Election Commission within at latest 7 days effective the voting day reveal mistakes, inadmissible
corrections and inconsistencies in protocols (including other documents
attached thereto) submitted by the constituency election commissions, the
Central Election Commission may adopt a decision on
the recount of votes in the relevant election constituency. In this case, the
recount of votes shall be undertaken in presence of the members of the
Central Election Commission with decisive voting
right. The persons indicated in Articles 40.2. and 44 of this Code shall in
advance be advised of the recount of votes. A protocol shall be compiled on the
recount of votes and the words “recount of votes” be recorded on it.
Article 109. Publication of Preliminary Results of Voting
109.1. Preliminary
outcomes of the elections (referendum) shall be published by the Central
Election Commission within 5 days starting from the voting day.
109.2. Preliminary
results shall be published as a schedule providing integration of voting
results of election commissions.
110.1.
The State Automated Information Systems can be used completely
or some of its technical facilities for obtaining, transferring or redeveloping
information in time while conduct of elections (referendum) (hereafter referred
to as elections) including voter registration, compilation of voters lists,
determination of voting results and election returns. Requirements regarding
the state automated systems and rules for use of it are determined by the
Central Election Commission.
110.2.
The relevant election commission creates a specific group
comprised of members of the election commission with decisive and consultative
voting right with the purposes of controlling the use of State Automated
Information Systems or some of its technical facilities. This group:
·
checks if the complex of automated facilities is ready
for operation; if information from protocols of election commissions entered
the systems and information added to the protocol is accurate;
·
controls if instructions of the Central Election
Commission on use of the State Automated Information Systems and its other
documents are observed and
·
controls if documents about actions considered for
usage of information systems are completed in accordance with time limits and
plans of the relevant election commission.
The controlling
group can involve specialists on automated information systems in its
activities.
·
become familiar with any information transferred to the
election commission through technical communication channels;
·
demand explanation about technical documentation of The
State Automated Information System or about all actions of the technical
personnel of information systems;
·
compare information prepared by technical facilities or
in handwriting.
If any actions of the personnel of the State Automated
Information System contradict the law, the controlling group informs the
chairperson of the election commission about this and proposes motions on
correction of those irregularities or on dismissal of the persons who committed
those irregularities. Results of investigations held by the controlling group
must be recorded in the current documents of relevant election commissions.
111.1.
Documents of Precinct Election Commissions and Constituency
Election Commissions regarding conduct of elections (referendum) shall be kept
in a secured place.
111.2.
Ballot papers and voting cards shall be kept in the
constituency election commissions for at least 6 months starting from the day
of official publication of election outcomes. Protocols of voting results of
election commissions shall be kept by the Central Election Commission for at
least 1 year from the date official publication of a decision on determination
of the next elections. Financial reports of election commissions, as well as final
financial documents of the registered candidates, political parties and blocks
of political parties, referendum campaign groups shall be kept by the Central
Election Commission for at least 1 year from the date of official publication
of a decision on determination of the next elections (referendum). Voters lists
shall be kept by the Central Election Commission for a period of 5 years.
111.3.
The following are considered to be official documents:
·
ballot papers;
·
voting cards;
·
voters lists;
·
protocols of election commissions on results of voting
and documents attached;
·
financial reports of election commissions;
·
final financial reports of registered candidates,
political parties and block of political parties, referendum campaigning
groups.
The chairperson and secretaries of the relevant election
commission shall be responsible for security and storage of election documents
until these documents are transferred to the superior election commission or to
the State Archive.
112.1.
Voters, candidates, registered candidates, political parties,
blocks of political parties, referendum campaigning groups, agents of
registered candidates, political parties, blocks of political parties,
referendum campaigning groups, observers as well as election commissions can
file complaints about decision and actions (lack of actions) which violate
citizens’ right to elect within 7 days after the date the very decision is published or made or the date actions
(lack of actions) occurred, or the interested person is informed about it.
112.2.
The persons specified in Article 112.1 of this Code can file
their complaints either with court, or relevant election commission.
112.3.
In cases established in Articles 112 and 113 of this Code
(except for case stipulated in Articles 113.1.8., 113.1.9., 113.1.10.,
113.1.20., provided that they do not cause criminal liability), the complaint
shall be filed with a relevant court, and in all other cases be submitted to
the relevant election commission that has made the decision (action or lack of
actions).
112.4.
If the complaint is not satisfied by the election commission
which made that decision or actions (lack of actions) at first, one can appeal
to the superior election commission. If the Central Election Commission does
not satisfy the complaint finally, persons mentioned in Article 112.1 of this
Code shall have the right to appeal to the Court of Appeal. In order to prevent
conflict of jurisdictions, the relevant election commission shall clarify
whether the complaint about the case is filed with the court or not. If the
complaint is considered by the court, then the court shall investigate the
matter of the complaint in accordance with criteria specified in Article 110.3.
of this Code, and if there is ground - reject the complaint. Other grounds
shall not be considered acceptable for rejection of the complaint. Complaints
about decisions and actions of the Central Election Commission shall be filed
with the Court of Appeal.
112.5.
If the infringement described in the complaint can be
considered criminal actions according to the Criminal Code of the Azerbaijan
Republic, the relevant election commission can apply to relevant law
enforcement authorities along with making decisions regarding elimination of
shortcomings or infringements indicated in the complaint.
112.6.
The court can cancel decisions (including decisions on results
of voting, election returns) of the relevant election commissions in the
circumstances considered by this Code and other laws.
112.7.
If the court cancels the decision of the election commission,
the same election commission must make a new decision regarding the same issue,
or superior election commission must make a relevant decision based on the
decision of the court. If such a decision is not made within 5 days after the
court’s decision comes into force, the court can make a decision on this
matter.
112.8.
Examination of the complaint about the decision on voting
results and election returns or investigation of the facts regarding violation
of this Code is not considered as violation of immunity of candidates
considered to be elected in conformity with this Code. A candidate considered
to be elected cannot refuse to testify as a witness during administrative,
civil or criminal investigations regarding the complaints about violation of
citizens’ right to elect while he/she was being elected (except for cases
provided for in the Civil-Procedure Code and the Criminal-Procedure Code of the
Azerbaijan Republic).
·
issues on cancellation of registration of list of
candidates, registered candidates, referendum campaigning groups;
·
issues on refusal of registration of candidates,
referendum campaigning groups;
·
appeals on invalidation of election of a registered
candidate.
112.10.
The superior election commission has the right to cancel
decision of the subordinate election commission or to make a decision regarding
the complaint or to instruct to reexamine the very issue.
113.1.
If a candidate, registered candidate, political party, block
of political parties, referendum campaigning group violates this Code, the
relevant election commission warns the candidate, registered candidate,
political party, block of political parties, referendum campaigning group by
informing the voters through the mass media. The election commission has the
right to make a decision about the following issues irrespective of whether or
not a complaint considering Article 112.2. of this Code was made about them:
·
refusal of registration of a candidate, referendum
campaigning group;
·
cancellation of registration of registered candidate,
referendum campaigning groups;
·
invalidation of election of registered list of
candidates and a candidate;
·
cancellation of decision on voting results and election
returns.
113.2.
The election commission can refuse to register a candidate and
referendum campaigning groups under the following circumstances:
113.2.1.
if information submitted by a candidate, political party,
block of political parties, referendum campaigning group in conformity with
this Code is not accurate and if their invalidity is of importance (except for cases
indicated in Article 60.3. of this Code);
113.2.2.
if a candidate, referendum campaigning groups are found to
conduct election campaign before they are registered or before the period
considered by Article 75 of this Code, and if the warning made before is not
considered;
113.2.3.
the fact of wining over the voter to its side i.e. actions
prohibited by Article 88.5. of this Code committed by a candidate, political
party, block of political parties, referendum campaigning group or their
authorized representatives, or agents are found;
113.2.4.
participation of organizations in collection of signatures,
regardless their form of property; if the fact of forcing the voters sign while
collecting the signatures is found out; reward of voters for their signatures;
113.2.5.
if a candidate nominated for a relevant constituency uses
other funds for financing his/her election campaign which exceed more than 0.1%
of the highest limit of expenses from election fund defined by this Code, and
if the warning made before is not considered;
113.2.6.
if a political party, block of political parties, referendum
campaigning group uses other funds for financing their election (referendum)
campaign which exceed more than 0.1% of the limit of expenses from election
funds defined by this Code and if the warning made before is not considered;
113.2.7.
if a candidate, political party, block of political parties,
referendum campaigning group, as well as political parties included in the
block of political parties, authorized representative, members or agents of
political parties, blocks of political parties, referendum campaigning groups:
· are
proprietors, founders, owners of relevant organizations or they participate in
managing boards;
· conduct
charitable activities during the election (referendum) campaign;
· render
financial and material assistance to physical or legal entities; or renders
services to voters;
· assist to
render such assistance to physical and legal entities or make a proposal
related thereto, or physical and legal entities agree with rendering assistance
on their behalf, and if the
notification made about it before is not considered ;
113.2.8.
if a candidate, political party, block of political parties
and referendum campaigning groups do not submit their initial financial report;
113.2.9.
if a candidate, authorized representatives of a political
party, block of political parties and referendum campaigning groups use their
occupation or service position during election campaigning;
113.2.10.
if a candidate, political party, block of political parties,
as well as their agents produce and distribute pre-election publications and
audiovisual election materials, violating provisions of Articles 88.2 and 88.4
of this Code;
113.2.11.
if a registered candidate, political party, block of political
parties, agent of the registered candidate, authorized representative or agent
of a political party or block of political parties campaign within the
territory where military unit is located, in military organizations or military
offices;
113.2.12.
if a registered candidate who is on government or municipal
service does not stop implementation of functions of service while he/she
participates in elections;
113.2.13.
if a registered candidate, political party or block of
political parties with registered list of candidates use illegal donations
transferred to their funds.
113.2.14.
election commission or the court can cancel registration of a
candidate, list of candidates one day prior to the voting day, if only the
circumstances considered by Articles 113.2.3., 113.2.4., 113.2.7., 113.2.9.,
113.2.11. of this Code are revealed after the candidate is registered.
114.1. If
violations mentioned in Article 113.2.3. of this Code, which do not provide
opportunities for proper identification of the voters’ will, made by a
registered candidate, political party, block of political parties or referendum
campaigning group are found out after election results are published
officially, the Central Election Commission can appeal to the Court of Appeal
about cancellation of election of a candidate or about results of referendum.
114.2. If
the court, defining existence of
violations mentioned in Article 113.2.3. of this Code, considers that determination of voters’
intention is not possible due to those irregularities, then the court can
cancel decision of the relevant election commission on election (referendum)
results. In such circumstances the elected candidate is considered to have lost
his/her authority.
114.3. The
relevant court can cancel the decision of the election commission on voting
results and election (referendum) results for a single-mandate or nationwide
constituencies if:
·
rules for compilation of voters list, for formation of
election commissions, for voting, for count of votes or for determination of
election (referendum) results are violated;
·
other violations defined by this Code occur;
·
it is impossible to determine voters’ intention due to
these actions (lack of actions).
114.4. The
relevant court or the Central Election Commission can cancel a decision of the Precinct or Constituency
Election Commissions on voting results or election results in the circumstances considered by this Code.
114.5. If
the facts about irregularities regarding assistance to elect not elect
candidates or candidates in the not elected list of candidates are found out,
they cannot be basis for cancellation of the decision on election results.
115.1. The following
persons can be subject to criminal and administrative liabilities in conformity
with the legislation of the Azerbaijan Republic:
115.1.1. who have obstructed the voters’ rights to
elect and to be elected by use of force, deceit, intimidation;
115.1.2. who have abused their occupation or
service position as privileges for being elected;
115.1.3. who have forced citizens to sign in
support of a candidate, who have obstructed collection of signatures in support
of a candidate, or who have participated in falsifying those signatures;
115.1.4. who have won over the voters to their
side, i.e. who have committed actions prohibited by Article 88.5. of this Code;
115.1.5. who have not formalized information about
registered candidates in time or who have done so inaccurately;
115.1.6. who have intentionally disseminated
misinformation about candidates or who have impugned the honor and dignity of
the candidate;
115.1.7 who have violated rights of commission
members, observers, agents, authorized representatives of candidates, political
parties, blocks of political parties, referendum campaigning groups,
representatives of mass media, including those who have violated rights to
obtain copies of election documents and information and other rights regarding
verification of election documents;
115.1.8. who have violated rules for election
campaigning, including those who have conducted election campaign a day prior
to election day or on voting day;
115.1.9. who have produced and distributed
commercial or other advertisements which violates the regulations stipulated by
this Code, or those who have rendered charitable assistance;
115.1.10. who have violated rules for financing
election campaign defined by this Code;
115.1.11. who have hidden remaining ballot papers or
those who have produced additional issues of ballot papers which were not
registered by the election commission and of voting cards;
115.1.12. who have obstructed the election
commission’s work or those who have illegally interfered with performance of
functions of commission members;
115.1.13. who have obstructed voting in the precincts;
115.1.14. who have violated the secrecy of voting;
115.1.15. who have forced voters to vote against
voters’ choice;
115.1.16. who have falsified election documents,
produced and presented fake documents (including ballot stuffing), miscounted
votes or those who have not submitted or published election results
intentionally;
115.1.17. who have violated citizens’ rights to become
familiar with voters lists;
115.1.18. who have issued ballot papers to citizens
with a purpose to created conditions for them to vote for others, who have
issued ready-marked ballot papers or those who have created conditions to
receive more than one ballot paper;
115.1.19. who have not submitted or published report
on expenditure of funds allocated for preparation and conduct of elections or
financial report of candidates, registered candidates, political parties,
blocks of political parties and referendum campaigning groups;
115.1.20. employers who have not provided employees
with leave with in respect to participation in elections or who have not
released employees to implement their state functions, in circumstances
considered by this Code;
115.1.21. state officials who have not investigated
information about violation of this Code provided by the election commissions.
Article 116. Application of Penalties by Election Commissions
The Precinct Election Commissions, Constituency Election
Commissions and the Central Election Commission have the right to prepare a
protocol of administrative offences and apply penalties in accordance with the
Code of Administrative Offences of the Republic of Azerbaijan for the
violations made by a candidate, registered candidate, authorized representative
of a political party or block of political parties, in the circumstances
considered by this Code.
Issues to be put on for referendum shall be determined by Articles 3.1,
3.2, 11.3 and 152 of the Constitution of the Republic of Azerbaijan.
Issues, which cannot be put on for referendum, shall be determined by
Articles 3.3 and 155 of the Constitution of the Republic of Azerbaijan.
In accordance with Article 153 of
the Constitution of the Republic of Azerbaijan, prior to conduct of referendum
on amending the text of the Constitution of the Republic of Azerbaijan, a
resolution of the Constitutional Court of the Republic of Azerbaijan shall be
obtained regarding the proposed changes. The rules for obtaining a resolution
of the Constitutional Court of the Republic of Azerbaijan are regulated by the
law of the Republic of Azerbaijan “On Constitutional Court.”
The decision of legislative and
executive bodies of the Republic of Azerbaijan on any issue cannot exempt the
conduct of a referendum on the same issue.
121.1 A referendum
cannot be conducted:
·
if martial law or a state of emergency is declared in
the territory or in more than 25% of the territory of Republic of Azerbaijan;
·
during martial law and state of emergency; and
·
three months after cancellation of martial law and a
state of emergency.
121.2 A repeat
referendum on the same issue can be conducted only 2 years after publication of
the act adopted in preliminary referendum.
A decision on the conduct of a referendum can be made by the
Milli Majlis and the President of the Republic of Azerbaijan according to
Articles 95.18 and 109.18 of the Constitution of the Republic of Azerbaijan.
123.1 The following
must be mentioned in the decision on conduct of the referendum:
123.1.1 date of conduct of the referendum;
123.1.2 name of act put for referendum;
123.1.3 brief summary of the act put on for the
referendum;
123.1.4 rule of financing the referendum.
123.2 A draft of the
act put to referendum is attached to the decision for conduct of referendum.
124.1 The draft act put on for
referendum must be published together with the decision on the determination of
referendum in mass media. This publication must create the necessary conditions
for as many voters as possible to become familiar with the text of the
referendum act.
124.2 A voter has the right to obtain a draft of a
referendum act at least 30 days prior to voting day from a relevant Precinct
Election Commission. The Central Election Commission is responsible for
publication and distribution of the draft of the referendum act in this case.
Registration of referendum
campaign groups shall be carried out according to the rule provided for in
Chapter 11 of this Code.
Article 126. Particulars of
Representatives of Referendum Campaign Groups in Election Commission
A member
of the Central Election Commission with consultative voting right can be
appointed only by the campaign groups registered with this commission.
127.1 The participation
of referendum campaign groups in the pre-referendum campaign is regulated by
Chapter 13 of this Code.
127.2 One third of
the total volume of free airtime of TV and radio companies shall be allocated
to referendum campaign groups with more than 20,000 members for holding joint
discussions, round tables and other campaigning activities.
127.3 Airtime for the
conduct of the joint campaign activities on channels of each TV and radio
companies mentioned in Articles 72.2 and 77.3 of this Code shall be allocated
and calculated for the referendum campaign groups stipulated in those articles.
The registered referendum campaign groups must equally use this free airtime.
In this case, the volume of airtime to be used by each referendum campaign
group is determined separately.
127.4 The norm for
using paid airtime mentioned in Article 81.1 of this Code shall be determined
by dividing its total volume by the total number of the referendum groups
mentioned in Articles 77.2 and 77.3 of this Code.
127.5 The space which
is determined by dividing the total volume of space allocated by the
periodicals mentioned in Article 84.1 of this Code into the total number of
referendum campaign groups mentioned in Articles 77.2 and 77.3 of this Code can
be used by the latter through making relevant payment.
127.6 Refusal of the
registered referendum campaign groups from participating in the activities
mentioned in Article 127.2 of this Code does not cause an increase in volume of
free airtime allocated according to Article 80.6 of this Code.
128.1 The rules for
creation and usage of referendum funds of the referendum campaign groups are
regulated by Chapter 14 of this Code.
128.2 The referendum funds of referendum campaign groups can be formed
by the following financial means:
128.2.1 special funds of members of the
referendum campaign groups which cannot be more than 2000 times the minimum
salary which is in force on the day of official publication of the decision on the
determination of the referendum;
128.2.2 equal funds allocated to a referendum
campaign group registered by the election commission at least 25 days prior to
voting day, on an equal basis with other referendum campaign groups, in the
order determined by Article 69.9 of this Code;
128.2.3 voluntary donations, not more than 100
times the minimum salary from citizens and not more than 2000 times the minimum
salary from legal entities which is in force on the day of official publication
of decision on the determination of the referendum.
128.3 The maximum
limit for referendum funds of registered campaign groups on referendum
mentioned in Article 77.4 of this Code cannot exceed 5000 times the minimum
salary which is in force on the day of official publication of decision on the
determination of the referendum; the maximum limit for the referendum funds of
registered campaign groups on referendum mentioned in Article 77.3 of this Code
cannot exceed 150000 times the minimum salary which is in force on the day of
official publication of decision on the determination of the referendum; the
maximum limit the referendum funds of registered campaign groups on referendum
mentioned in Article 77.2 of this Code cannot exceed 100000 times the minimum
salary which is in force on the day of official publication of decision on the
determination of the referendum.
Article
137. Vote Counting during Referendum in Constituency Election Commission
138.1 The Central Election Commission shall announce the official
outcomes of a referendum not later than 15 days after the referendum.
138.2 The Central
Election Commission shall indicate, in addition to
provisions of Article 108 of this Code, the number of election precincts where
voting results have been invalidated, the legal infringements taken place
during voting or determining voting results, the number of referendum constituencies
not allowing to define the voters’ will, and determine the number of
voters voted “for” and “against” each issue put to the vote.
138.3 An issue to be
discussed in a referendum is considered to be accepted if more than half of
voters participated in the voting have voted for it.
138.4 A referendum is
concluded at the meeting of the Central Election Commission, and the results
are announced in the form of an official notification on referendum outcomes.
139.1 The Central
Election Commission shall invalidate the outcomes of a referendum in the
following cases:
139.1.1 if violations of law, which have taken place
in more than 50 referendum constituencies during the holding of the voting or
during determination of the referendum results, do not allow to determine the
voters’ will;
139.1.2 if during the voting the number of
referendum precincts with invalidated voting results exceeds
2/5ths of total number of the referendum precincts;
137.1.1. on the basis of a court’s decision.
A decision made by means of
referendum together with the text of an act adopted
by referendum, shall be published 20 days after the Central Election
Commission gives an official notification about the outcomes of the referendum.
Any act adopted by means of a referendum
shall come into force from the day of its publication.
Any act
adopted by means of a referendum is final; it has compulsory legal force in the
whole territory of the Republic of Azerbaijan and can be cancelled or changed
only by means of a referendum.
125
deputies of the Milli Majlis are elected in single-mandate constituencies (one
constituency – one deputy).
The citizens of the Republic of
Azerbaijan indicated in Article 85 of the Constitution of the Republic of
Azerbaijan can be elected as a deputy of the Milli Majlis of the Republic of
Azerbaijan.
145.1 According to
the Articles 84.2 and 109.1 of the Constitution of the Republic of Azerbaijan,
a date of elections of deputies of a new convocation is determined by the
President of the Republic of Azerbaijan.
145.2 The term of
office of the newly elected Milli Majlis commences from the first day of its
meeting.
145.3 The Milli
Majlis is considered as elected effective the date it is formed with authorized
members as a result of elections.
145.4 A decision on
the determination of elections is published officially by the mass media at the
latest 5 days after such a decision is made.
146.1 Political
parties, block of political parties, citizens of the Republic of Azerbaijan
having suffrage and permanently or mostly residing in a constituency can
nominate candidates to a single-mandate constituency pursuant to Article 53 and
54 of this Code.
146.2 A political
party and block of political parties cannot nominate more than one candidate
for each single-mandate constituency.
146.3 Candidates for
repeat elections to a single-mandate constituency shall be nominated after
official publication of determination of the elections.
146.4 Candidates for
by-elections on a single-mandate constituency shall be nominated after the
period indicated in Article 145.4 of this Code.
146.5 A candidate
nominated by voters can agree on his nomination only for one single-mandate
constituency.
146.6 If the formation
of a Constituency Election Commission has not come to the end before the
nomination of candidates, notification on nomination of the candidate,
applications of the relevant candidates about their consent and other documents
shall be sent to the Central Election Commission. The Central Election
Commission shall submit the documents to the Constituency Election Commission
after its complete formation and election of its chairperson.
147.1. At least
450 signatures of voters must be collected in support of a candidate within the
territory of the constituency the candidate has been nominated for.
147.2. Voters signatures
are collected in a manner mentioned in Articles 56 and 57 of this Code.
147.3. Signature
sheets are prepared in a design mentioned in “Annexes #” which is attached to
this Code.
147.4. If
political parties and blocks of political parties, which have nominated
candidates for a single-mandate constituency collect signatures in support of
candidates, a signature sheet should contain the name of a political party and
block of political parties, which have nominated this candidate in addition to
the information about candidates. If a candidate has recorded this in his/her
application, it should contain the information about party affiliation of a
candidate and his/her relevant status in that political party.
148.1 Candidates
shall be registered in accordance with the rules mentioned in Article 60 of
this Code.
148.2 No candidate shall be registered in more than one single-mandate
constituency.
148.3 If rules
mentioned in Article 148.2 of this Code are violated, previous registration of
the candidate is considered valid, but a decision on registration made
relatively later is canceled by the decision of relevant election commission
(if a former registered candidate does not apply for canceling his/her previous
registration).
148.4 The activity
of the registered candidates is regulated by Articles 71 and 72 of this Code.
148.5 A list of
registered candidates in the constituency shall be published by the Central
Election Commission at least 55 days prior to the voting day, in periodicals
specified in 77.2 of this Code.
149.1 If none of the
candidates or only one candidate has been registered on a single-mandate
constituency, during the period mentioned in Article 58.1 of this Code,
elections in the relevant constituency shall be postponed for two months, in
accordance with the rules mentioned in the Article 145 of this Code, with the
purpose to nominate additional candidates and to conduct subsequent election
activities.
149.2 If none of the
registered candidates or only one registered candidate remains in an election
constituency, till the voting day, elections in the single-mandate constituency
shall be postponed for not more than 3 months, in accordance with the rules
mentioned in the Article 145 of this Code, with the purpose to nominate
additional candidates and to conduct subsequent election activities.
150.1 Cost of travel
using of city, suburb and inter-city transport in common use by a candidate
registered in a single-mandate constituency within the relevant election
constituency shall be reimbursed upon presenting relevant receipts.
150.2 In cities
having several election constituencies, transport expenses within the city of a
candidate registered in one of these constituencies are reimbursed upon
presenting relevant receipts.
150.3 If a
registered candidate resides outside of his/her single-mandate constituency,
his/her expenses for 4 journeys by motor or railway transport or 2 (two-way)
journeys by plane to the constituency and back shall be reimbursed upon
provision of relevant receipts.
150.4 Travel
expenses of a candidate registered in a single-mandate constituency shall be
reimbursed by the relevant Constituency Election Commission at the expense of
funds allocated for preparation and holding of elections.
150.5 This type of
reimbursement is carried out at the expense of allocations to the Central
Election Commission.
A registered candidate
can be subject to liability only with consent of the General Prosecutor of the
Republic of Azerbaijan, in the manner established in Article 70.4 of this Code.
152.1 Each candidate
registered in a single-mandate constituency has the right to appoint 3 agents.
The relevant Constituency Election Commission registers the above-mentioned
persons.
153.2 The status of
agents is determined by Article 72 of this Code.
153.1 Refusal of
candidates from their status during elections to the Milli Majlis is regulated
by Article 73 of this Code
153.2 Persons who
have performed actions mentioned in Articles 73.1-73.3 of this Code have the
right to re-nominate their candidacy for any single-mandate constituency, in
accordance with rules and period considered by this Code.
Article 154. Refusal of a Political Party, Block of Political Parties from
Participation in Elections to the Milli Majlis
154.1.
A political party according to its charter, and a block of
political parties according to a decision of the authorized representatives of
its parties, shall be entitled upon written application to withdraw a candidate
and registered candidate nominated in a single-mandate constituency any time
within at least a 5 day period prior to the voting day.
154.2.
A political party included in the block of political
parties can apply to the Central Election Commission and refuse to participate
in the elections as a member of a relevant block of political parties at least
5 days prior to the voting day, based on the decision of the authorized body of
political party.
154.3. A political
party, which has refused to participate in the election as a member of a
relevant block of political parties can participate in the elections as an
independent political party or can join another block of political parties in
conformity with the rules established in this Code.
154.4. If all
political parties (except one) constituting a block of political parties refuse
to participate in the elections after the candidate nominated by the block of
political parties is registered, the remaining political party can participate
in the elections as a block of political parties, keeping its name and emblem.
This rule does not apply to cases of refusal or cancellation of registration of
candidates.
154.5. If a
block of political parties refuses to participate in the elections, it does not
mean that political parties included in that block cannot participate either;
the followings are required for this: in accordance with this Code,
re-nomination of a candidate and carrying out of other necessary election
activities.
155.1. Participation
of candidates, political parties, block of political parties in pre-election
campaign is regulated by Chapter 13 of this Code.
155.2. 1/3rd of total free airtime on TV and radio should
be allocated for registered candidates, political parties and block of
political parties, which have registered candidates in more than 60
single-mandate constituencies, to conduct discussions, round tables and other
election campaigning actions.
155.3. Airtime for
joint election campaign activities on TV and radio mentioned in the Articles
77.2 and 77.3 of this Code shall be allocated and calculated for a registered
candidate, political party and block of political parties, and performed
separately. The registered candidates, political parties and block of political
parties should use such free airtime on equal basis. In this case, volume of
free airtime for each candidate, political parties and block of political
parties is determined separately.
155.4. The norm of
paid use of airtime mentioned in Article 81.1. of this Code is determined by
dividing the total volume of the airtime by the total number of candidates,
political parties and block of political parties, which have registered
candidates in more than 60 single-mandate constituencies.
155.5. The volume
of free space allocated by the periodicals mentioned in Article 84.1. of this
Code is determined through dividing it by the total number of candidates,
political parties and block of political parties, which have registered
candidates in more than 60 single-mandate constituencies. In this case, the
volume of free space shall be allocated separately for the candidates and
separately for the political parties, block of political parties. The latter
can use the space on the basis of relevant payment.
155.6. Refusal of
registered candidates, political parties and block of political parties, which
have registered candidates in more than 60 single-mandate constituencies from
participation in actions mentioned in Article 152.2 of this Code shall not
cause increase of free airtime allocated in accordance with Article 80.6.
156.1.
The maximum limit of a candidate’s election fund assets
should not exceed 20 thousand times the minimum salary, which is in force on
the day of official publication of the decision on determination of the
elections.
156.2.
Election funds of candidates, and registered candidates
nominated for a single-mandate constituency can be organized from the following
monetary means:
156.2.1. the special
funds of candidates and registered candidates — the amount of the special funds
cannot be more than 2 thousand times the minimum salary, which is in force on
the day of official publication of the decision on determination of the
elections;
156.2.2. funds of
candidates, political parties, which have nominated a registered candidate,
political parties, which are included in the block of political parties--the
amount of the funds cannot be more than 5 thousand times the minimum salary
which is in force on the day of official publication of the decision on
determination of the elections;
156.2.3. equal funds
allocated for a registered candidate and other candidates registered by an
election commission for a single-mandate constituency, except the cases defined
by Article 164.8 of this Code.
156.2.4. voluntary
donations from citizens amounting not more than 100 times the minimum salary
and legal entities amounting not more than 2000 times the minimum salary which
is in force on the day of official publication of the decision on determination
of the elections;
156.3.
Political parties and block of political parties, which
have nominated or registered candidates in more than 50 single-mandate
constituencies, can create a unified election fund.
156.4.
Election funds of political parties and blocks of political
parties can be formed only from the following monetary means:
156.4.1. special
funds of political parties and block of political parties not exceeding 500
thousand times the minimum salary which is in force on the day of official
publication of the decision on determination of the elections (such funds of
blocks of political parties are formed from the funds of political parties
which are included in that block);
156.4.2. funds
allocated for political parties and block of political parties by the Central
Election Commission, except the cases considered by Article 164.8 of this Code;
156.4.3. voluntary
donations of citizens and legal entities. The limit of voluntary donations
cannot be more than 150 times the minimum salary for citizens and 5,000 times
the minimum salary for legal entities, which is in force on the day of
publication of the decision on determination of the elections.
157.1 Candidates should open a special election account to form their
election fund, within 5 days after they submit to the Constituency Election Commission
a notification on being nominated in a single-mandate constituency
157.2. Political
parties and block of political parties which intend to open a single election
fund for the candidates shall open a special election account to form the
single election fund, within 5 days after they submit to the Central Election
Commission the list of the candidates nominated in more than 50 single-mandate
constituencies.
157.3. A
candidate, political party, block of political parties shall open a special
election account on the basis of the verified copy of the notification of the
Constituency Election Commission on nomination of a candidate on a
single-mandate constituency, and upon attaching thereto the documents specified
in Articles 53 and 54 of this Code. The candidate, political party, block of
political parties can assign its authorized representative to open the special
election fund. The candidate, registered candidate, political party, block of
political parties can allow another person to use the funds from its election
account, through informing the Central Election Commission in writing.
157.4. If the
constituency of a candidate or registered candidate changes, he/she must return
the balance remained in the special election account by distributing it
proportionally among the persons and legal entities who contributed voluntary
donations. After doing this, the candidate or registered candidate must submit
a final financial report to the Central Election Commission and must submit a
copy of the financial report to the Constituency Election Commission. Opening a
special election account in a new constituency shall be regulated in conformity
with the rules defined by this Code.
Article
158. Cancellation of the Unified Election Fund
If the number of candidates
registered in single-mandate constituencies of a political party, block of
political parties which created an unified election fund is 50 or less, the
special election account of the political party, block of political parties
shall be closed, and concurrently a special election account be opened for each
candidate and assets of the unified election fund proportionally divided among
the election funds of the candidates.
159.1 The following
information about the candidate registered or nominated on a single-mandate
constituency should be necessarily published in mass media in conformity with
the rules mentioned in Article 77.3 of this Code:
159.1.1 on the financial
statement of expenditure of funds, if the election funds exceed 2,000 times the
minimum salary, which is in force on the day of publication of the decision on
the determination of the elections, for political parties and blocks of
political parties and 500 times - for a candidate and registered candidate;
159.1.2 on the legal entities who contributed
donations to the election funds which exceed 1,000 times the minimum salary,
which is in force on the day of publication of the decision on determination of
the elections, for political party and block of political parties and 250 times
– for a candidate or registered candidate (in this case, the possibility of
transfer of funds through several installments of donations should be taken
into account);
159.1.3 on the number of citizens who contributed
donations more than 50 times the minimum salary, which is in force on the day
of publication of the decision on the determination of the elections;
159.1.4 on the funds returned to the contributors
and the grounds of return;
159.1.5
on the total amount received by election fund and total amount
of its expenditure.
159.2
The following information about the political party and block
of political parties should obligatorily be published in mass media in
conformity with the rules mentioned in Article 77.2 of this Code:
159.2.1
on the financial statement of expenditure of funds, if the
election funds exceed 2,000 times the minimum salary, which is in force on the
day of publication of the decision on the determination of the elections;
159.2.2
on the legal entities who contributed donations to the
election funds which exceed 1,000 times the minimum salary, which is in force
on the day of publication of the decision on determination of the elections (in
this case, the possibility of transfer of funds through several installments of
donations should be taken into account);
159.2.3
on the number of citizens who contributed donations more than
50 times the minimum salary which is in force on the day of publication of the
decision on the determination of the elections;
159.2.4
on funds returned to the contributors and the grounds for
return;
159.2.5
on the total amount received by the election fund and total
amount of its expenditures.
160.1 A candidate not
registered by the relevant election commission and a political party or block
of political parties with no registered candidates must return unexpended money
(excluding transfer expenses) remaining in the election fund by distributing
them among the citizens-donors and legal entities in accordance with the
proportional basis of transferred donations, before the final financial report
is submitted.
160.2 After a
registered candidate, political party or block of political parties mentioned
in Article 161.1 of this Code return the funds to the relevant election
commission, they return unexpended money from the election fund to the
citizens-donators and legal entities in a manner mentioned by Article 157.1,
before the final financial report is submitted and with an agreement of the
relevant election commission.
160.3 It is
prohibited for registered candidates, political parties and block of political
parties not considered by Article 161.1 of this Code to return unexpended money
of the election fund to citizens and legal entities which made donations to
their elections fund until money provided by the relevant election commission
is returned and cost of free airtime given by TV and Radio organizations and
cost of spaces allocated by periodicals are paid by political parties and block
of political parties. In such cases,
the money of election commission shall be the first to be returned by political
parties and block of political parties.
160.4 A registered
candidate, political parties and block of political parties not considered by
Article 161.1 of this Code can return the unexpended money of the election fund
to the citizens-donators’ and legal entities’ bank accounts in the manner
mentioned in Article 160.1, after they pay election commissions and TV and
Radio companies for free airtime and periodicals for free space.
A registered candidate who participated in the voting in a
single-mandate constituency and collected at least 10% of the votes of the
total number of voters in that constituency; or a registered candidate who is
considered to be elected as well as registered candidate who withdrew his/her
candidacy due to the compelling circumstances mentioned in Article 73.3 of this
Code; a political party, block of political parties’ candidates which have been
registered with more than 60 single-mandate constituencies are obliged
to return within 30 days after the voting day the unexpended part of the assets
allocated by a relevant election commission to their election fund, to the same
election commission. After this period ends, a relevant bank shall, without any
disputes transfer the amount indicated the letter of the election commission to
its bank account.
162.1 A candidate,
political party, block of political parties not considered by Article 161.1 of
this Code must pay the full cost of free airtime and free space to the TV and
Radio companies and periodicals mentioned in Articles 77.2 and 77.3 of this
Code. This amount must be paid from the election fund by the candidate,
political parties, block of political parties before the date the final
financial report is submitted. The Central Election Commission transfers the
following to the TV and Radio companies and periodicals mentioned in Articles
77.2 and 77.3 of this Code within 3 days after general results of elections are
officially published:
·
a list of candidates, political parties, block of
political parties considered by paragraph 1 of this Article, as well as a list
of political parties included in the block of political parties mentioned
above;
·
their addresses;
·
verified copies of extracts from joint decisions of
block of political parties on payment of used free airtime and space allocated
by periodicals.
162.2 TV and Radio
companies and periodicals mentioned in Articles 77.2 and 77.3 of this Code
shall send relevant information on the cost of free airtime and free space, their
legal addresses and bank account to the candidates, political parties, block of
political parties and political parties included in the block of political
parties not considered by Article 161 of this Code, within 10 days after the
date the general results of elections are officially published.
162.3 The cost of
free airtime and space considered by Articles 80.5, 83.6 and 155.2 of this Code
shall be determined in a manner considered by Articles 80.6 and 83.7 of this
Code by multiplying the total volume of free airtime and space provided to the
candidate, political parties, block of political parties by TV and Radio
companies and periodicals by the cost of airtime and space allocated for
publishing information determined by TV and Radio companies and periodicals.
162.4 When political
parties and block of political parties with a registered list of candidates use
free airtime to conduct joint election campaign activities considered by
Article 155.2 of this Code, the amount of funds returned by each political
party and block of political parties is determined by TV and Radio companies by
dividing it proportionally by the total number of participants of joint
campaign activity.
162.5 If a candidate,
political party or block of political parties refuses to use free airtime in
conformity with the rules and period defined by the Article 81.5 of this Code,
the cost of presented free airtime shall not be paid.
162.6 TV and Radio
companies and periodicals considered by Articles 77.2 and 77.3 of this Code
shall inform the Central Election Commission within a 12 month period effective
from voting day about the candidates, political parties considered by Article
161.1 of this Code which did not completely pay the cost of free airtime and
space in a periodical. The Constituency Election Commission informs the Central
Election Commission within a 12 month period effective from voting day about
citizens, political parties not considered by Article 161 of this Code and
those who have debt obligations to the election commission.
The relevant bank, according to written instructions of the
relevant election commission, must transfer money remained in special accounts
of election funds of candidates, registered candidates, political parties and
block of political parties to the state budget
60 days after the voting day.
164.1 If there is no
money in the election fund or it is short of money a registered candidate, a
political party or block of political parties shall return budget money, as
well as cost of free airtime and space in periodicals allocated for political
parties and block of political parties from their own funds.
164.2 If a block of political
parties is responsible for returning budget money allocated for payment of free
airtime presented and space allocated in a periodical, the money to be returned
shall be proportionally distributed among the political parties included in
that block before voting day, with a condition, unless otherwise is provided
for in the joint decision on creation of the block of political parties and
submitted to the Central Election Commission.
164.3 If a registered
candidate who is not considered by Article 161 of this Code undertakes to
submit a final financial report and to return the funds in conformity with this
Code, he/she can return funds to the relevant Constituency Election Commission
within 12 months effective from voting day.
164.4 If a political party,
block of political parties which is not considered by Article 161 of this Code
and which has not fulfilled the requirements of Article 160.1 of this Code,
before it submits its final financial report, undertakes obligations to the
Central Election Commission, TV and Radio companies and periodicals to pay the
relevant funds within the period defined by this Code, it can be given time to
pay budget money, for used free airtime and free space in periodicals within a
12 month period effective from voting day.
164.5 If obligations
considered by Articles 164.3 and 164.4 of this Code are not fulfilled and if
the period mentioned in obligations on returning the funds expires, that money
shall be returned by the court. If a registered candidate who is not considered
by Article 161.1 of this Code and who has not fulfilled the requirements of
Articles 164.3 and 164.4 of this Code does not undertake obligations mentioned
in Articles 164.3 and 164.4 of this Code before political parties or block of
political parties submit their final financial report, the money shall be
returned by the court before the period for submission of the final financial
report expires.
164.6 If a candidate
or registered candidate loses his/her status, the obligations charged to the
candidate, registered candidates by this Article shall be imposed on a person
who was considered as candidate or registered candidate. Shall the candidate or
registered candidate be nominated by a political party, block of political
parties, the obligations charged by this Article to the political parties and
block of political parties will be imposed on the political parties including
those which entered the block of political parties, after elections finish.
164.7 The Central
Election Commission provides the Constituency Election Commission with a list
of citizens who are considered by Article 161 of this Code and who have
obligations to the election commissions within 5 days after Constituency
Election Commissions are formed and after a decision on determination of main,
repeat or by-elections is officially published.
164.8 A person
considered by Article 161 of this Code, who has debts to the election
commission regarding the budget for the date of official publication of
decision of assignment of the voting day, does not have the right to get funds
from the state budget during the main, repeat and by-elections, regardless
of what constituency he/she has been
nominated for.
CHAPTER
Thirty. Conduct of Elections to the Milli Majlis
165.1 A voting room
during the elections to the Milli Majlis shall be organized in conformity with
the rules of Article 98 of this Code.
165.2 The Precinct
Election Commission shall place a notice board in the voting room or right in
front of it, which contains the following:
·
samples of ballot papers;
·
information on political parties, block of political
parties and candidates of which have been registered;
·
following information about all candidates registered from
the relevant constituency: name, surname, date of birth, education, main
working (service) place and occupation (if a candidate does not have it – type
of activity), address of residence and their nominators.
165.3 If a registered
candidate has a sentence, which is not served or cancelled, the information
must contain name and number of the relevant article of the Criminal Code that
was imposed on the candidate. If a candidate has done an action, which imposes
criminal liability by the Criminal Code in the other country he/she resides and
is sentenced by a court decision, which entered into force, the name of the
relevant law of the foreign country must be recorded as well.
165.4 Information on
candidates, political parties and block of political parties shall appear in
the manner and consecutive order as defined in the ballot paper.
166.1 Ballot papers
for the elections to the Milli Majlis shall be prepared in conformity with the
rules mentioned in Article 99 of this Code.
166.2 A ballot paper
for a single-mandate constituency must contain the following information about
the registered candidates in alphabetical order:
·
name, surname, patronymic, pseudonym, date of birth;
·
place of residence;
·
main employment or service place (if they do not have
it – type of activity);
·
elective position occupied in state or municipal
bodies;
·
who has nominated them.
The ballot
paper must contain short name and emblem of the political party that a candidate
is a member of who is registered in conformity with Article 54 of this Code.
Emblems of political parties included in the ballot paper should be of same
color. The ballot paper may contain party affiliation of the candidate
registered in conformity with Article 53 of this Code, with his/her consent. A
blank square is placed to the right hand side of the information about each
registered candidate.
166.3 If some
candidates are withdrawn or their registration is cancelled after the ballot
papers are produced then following the decision of the Central Election
Commission the constituency or Precinct Election Commissions shall cross out
their names with the purpose of erasing information about such candidates or
political parties, block of political parties from the ballot papers. In case
of need of adding or amending information regarding the registered candidate,
political party or block of political parties in the printed ballot paper, the
addition or amendment to the ballot papers is made in conformity with the
decision of the Central Election Commission with handwriting of the
Constituency or Precinct Election Commissions members using stamp of the
election commission.
167.1 Voting rules
during the elections to the Milli Majlis shall be conducted in conformity with
Articles 104 and 105 of this Code.
167.2 When voting for
the single-mandate constituency, a voter shall mark the square located to the
right hand side of the surname of the candidate he/she wants to vote for.
167.3 The ballot
paper shall be considered invalid, when more than one square is marked.
168.1 The count of
votes in the election precincts during the elections to the Milli Majlis shall
be conducted in conformity with Article 106 of this Code.
168.2 Each protocol
shall contain, along with provisions of Article 100.2 of this Code, the
following information about results of voting:
168.2.1 names, surnames, patronymics of candidates
who appear in the ballot box; if they are identical – additional information
about the candidates;
168.2.2 number of votes cast for each candidate.
169.1 The count of
votes in a Constituency Election Commission shall be conducted in conformity
with Article 107 of this Code.
169.2 The
Constituency Election Commission shall determine election outcomes for
single-mandate constituency within at latest 2 days after the voting day.
169.3 A candidate who
record the most votes of the voters who have participated in the elections is
considered to be elected from the single-mandate constituency.
169.4 The protocol of
the Constituency Election Commission shall contain, along with provisions of
Articles 100.2 and 168 of this Code, name, surname and patronymic of the
candidate elected as a deputy, and number of election precincts where the
elections have been considered invalid.
Article 170. Failure or Invalidation of Elections on Single-Mandate
Constituencies
170.1
The Constituency Election Commission shall consider elections
on single-mandate constituency failed, if number of votes cast for the
registered candidates are equal.
170.2
The Constituency Election Commission or the Central Election
Commission shall consider the elections on the single-mandate constituency to
be invalid, in the following circumstances:
170.2.1
if violations occurred in the election constituency during the
conduct of voting or during the determination of the voting results, that make
it impossible to determine the voters’ will
170.2.2 if
the number of election precincts where voting results are considered invalid
during the elections on a single-mandate constituency exceeds ¼ of all
precincts of the same election constituency;
170.2.3 on the basis of a court decision.
171.1 In accordance
with Article 86 of the Constitution of the Republic of Azerbaijan, the outcomes
of elections shall be checked and approved by the Constitutional Court of the
Republic of Azerbaijan.
171.2 At latest 10
days after the Election Day, the Central Election Commission shall check
protocols (along with documents attached thereto according to this Code) of
Constituency Election Commissions and shall compile a protocol according to
Article 108 of this Code and shall submit it together with the mentioned
documents to the Constitutional Court.
171.3 After the
Constitutional Court receives the aforementioned documents, it involves
relevant specialists and within a 10-day period checks if the documents meet
the requirements of this Code. The Constitutional Court can, upon its own
decision prolong this period for an additional 10 days, if so required for the
checking process.
171.4 If the
protocols of the Constituency Election Commissions and the documents attached
to them meet the requirements of this Code, then the Constitutional Court shall
approve the results of elections.
171.5 If the results
of elections are not completely approved, the Constitutional Court shall adopt
a decision about it and new elections be assigned in accordance with Article
145 of this Code.
Article
172. Repeat Elections to the Milli Majlis
172.1
The Central Election Commission shall conduct repeat elections
in accordance with this Code, if the elections are considered invalid in the
relevant constituency, based on Article 170.2 of this Code, or outcomes of
elections are not approved according to Article 170.4.4 of this Code.
172.2
During the repeat elections, a deputy of the Milli Majlis
cannot nominate himself/herself as a candidate.
173.1
The Constituency Election Commission shall inform the
candidate elected as a deputy immediately after signing the protocol on results
of elections. Within at most 60 days, the candidates elected as deputies should
submit to the Central Election Commission a copy of the order on resignation
from a position incompatible with his/her deputy status and indicated in
Article 85 paragraph 2 of the Constitution (copies of documents which prove
that he/she has submitted an application on resignation within 3 days) or an
application which contains the candidate’s obligations on termination of
his/her functions.
173.2
If a candidate elected from a single-mandate constituency does
not perform the requirements specified in Article 173.1 of this Code, then the
Central Election Commission shall cancel outcomes of elections in the relevant
constituency and shall carry out repeat elections. If a candidate does not
perform the requirements mentioned in Article 173.1 of this Code, without
compelling reasons indicated in Article 73.3 of this Code, and if due to these
reasons repeated elections are carried out, then the candidate must pay all
state funds, allocated by the relevant election commission with regard to
repeat elections.
173.3
After the results of elections are published and after a
deputy has resigned from his/her position which is incompatible with the status
of deputy, or after his/her functions are terminated, the Central Election
Commission registers him/her as a deputy and issues him/her a deputy card.
The Central Election Commission shall officially publish
information on final outcomes of elections; number of votes cast for
candidates, within at most 60 days after the Election Day. Within this period,
the Central Election Commission publishes by its official press detailed
information on the elected deputies and information from protocols of the
Constituency Election Commissions.
Article 175.
Adoption of Decision on Deprivation of Deputies of the Milli Majlis from their
Mandates
175.1
In case of grounds specified in Part I, Article 89.1 of the
Constitution of the Republic of Azerbaijan, the decision on deprivation of a
deputy from his/her mandate shall be adopted by the Constitutional Court.
175.2
In case of grounds specified in Part I, Article 89.3 of the
Constitution of the Republic of Azerbaijan, the decision on deprivation of a
deputy from his/her mandate shall be adopted by the relevant court.
175.3
In case of grounds specified in Part I, Articles 89.2, 89.4 and 89.5 of the Constitution of the
Republic of Azerbaijan, the decision on deprivation of a deputy from his/her
mandate shall be adopted by the Central Election Commission. The decision of
the Central Election Commission can be appealed in the relevant court.
`
176.1
In case of grounds defined in Part II, Articles 89.2 and 89.5
of the Constitution, the Central Election Commission issues a decree on
deprivation of the deputy elected from a single-mandate constituency from
his/her mandate according to Article 175.3 of this Code, not later than 2 days
after the relevant application is received.
176.2
If the Central Election Commission receives an application
concerning the circumstances specified in Part I, Article 89.4 of the
Constitution, the Central Election Commission shall consider the facts
indicated in the application within at most 2 months, make a decision, and can
create a group of specialists with this regard.
176.3
In cases, as mentioned in Part I, Articles 89.2, 89.4 and 89.5
of the Constitution, the deputy is considered deprived of his/her mandate,
effective the date the Central Election Commission makes the relevant decision;
in circumstances indicated in Part I, Articles 89.1 and 89.3, if there is a relevant
court decision (verdict), the deputy is considered deprived from his/her
mandate from the date the relevant decree (verdict) enters into force.
176.4
By-elections shall be determined on the relevant single
mandate constituency in the manner specified in Article 145 of this Code,
within a month after a mandate has become vacant.
176.5
A deputy cannot act as a candidate, when additional elections
are conducted for vacant deputy mandates.
176.6
During by-elections in a single-mandate constituency
nomination of candidates, their registration and other electoral actions in a
single-mandate constituency are carried out in accordance with the rules
established by this Code.
The basis of the election of the President of the Republic
of Azerbaijan (hereafter referred to as Presidential Elections) are determined
by Articles 100-103 of the Constitution of the Republic of Azerbaijan
(hereafter referred to as Constitution).
178.1 The election
day is considered to be the Friday of the third week of October first Sunday
which is after President’s term of office,
determined by the Constitution, ends.
178.2 The day of
conduct of elections shall be determined by the Central Election Commission.
178.3 The decision of
the Central Election Commission on determination of the elections should be
published within at least 48 hours.
179.1 Early
Presidential Elections shall be conducted
if term of office of the President finishes before the period provided
for by the Constitution in the circumstances considered by the Constitution.
179.2 Effective from
the date the relevant decision of the Constitutional Court or of the Milli
Majlis of the Republic of Azerbaijan is made, according to Articles 104 and 107
of the Constitution of the Republic of Azerbaijan, elections shall be
determined on a Sunday within a week by the Central Election Commission and
shall be conducted within a 3 month period.
180.1 Political
parties, block of political parties and citizens having suffrage can nominate
candidates for the Presidency in conformity with Articles 53 and 54 of this
Code.
180.2 Each citizen or
citizens having suffrage can create an initiative group consisting of at least
100 persons for nominating candidates for the Presidency.
180.3 Candidates for
the Presidency shall be nominated after the decision on the determination of
the lections has been officially published.
180.4 After an
initiative group, political party, block of political parties which have
nominated a candidate for the Presidency submits to the Central Election
Commission the candidate’s application on his/her consent to be a candidate for
the Presidency, this application must indicate that the candidate meets
requirements of Article 100 of the Constitution.
181.1 A political
party, block of political parties or initiative groups of citizens must collect
not less than 45 thousand signatures in support of a candidate they have
nominated for the Presidency. At least 50 signatures should be collected from
the territory of each constituency and the total number of constituencies from
which signatures are collected is not less than 60.
181.2 Signatures of
voters shall be collected in conformity with the rules established by Articles
56 and 57 of this Code.
181.3 Signature
sheets shall be prepared in format “Annexes # “attached to this Code.
181.4 If a political
party, block of political parties which has nominated a candidate collect
signatures in support of a candidate for the Presidency itself, besides the
information about a candidate, the signature sheet shall contain the name of a
political party, block of political parties which has nominated this candidate
and may contain the name of a political party which a candidate is a member of,
and if a candidate’s application contains such information, his/her relevant
status in the party.
182.1 Candidates for
the Presidency shall be registered by the Central Election Commission in
conformity with the rules established by Article 60 of this Code.
182.2 Activities of
registered candidates shall be regulated by Articles 69 and 71 of this Code.
182.3 The list of the
registered candidates should be published by the Central Election Commission at
least 55 days prior to the voting day, in the periodicals stipulated in Article
77.2 of this Code.
183.1 If no
candidates for the Presidency have been registered or only one candidate has
been registered during the period mentioned by Article 58.1 of this Code,
elections for the relevant constituency shall be postponed for 2 months in
conformity with the rules established by Article 178 of this Code for the
purposes of nomination of additional candidates and subsequent election
activities.
183.2 If no
registered candidates for the Presidency remain or only one registered
candidate remains on the voting day, elections shall be postponed for at least
3 months period for nomination of candidates and further actions in conformity
with rules mentioned in Article 178 of this Code.
184.1 A candidate for
the Presidency has the right to use all kinds of public transport (except taxis
and ordered services) at the expense of state within the territory of the
Republic of Azerbaijan effective from the date he/she has been registered and
until the date results of elections are officially published.
184.2 The mentioned
transport expenses for traveling within the country shall be reimbursed from
the funds allocated by the Central Election Commission for preparation and
conduct of elections.
A registered candidate for the Presidency can be subject to
liability only with permission of the General Prosecutor of the Republic of
Azerbaijan, in the manner specified in Article 70.4 of this Code.
186.1 A candidate for
the Presidency may have up to 50 agents. Persons mentioned above shall be
registered by the Central Election Commission.
186.2 The status of
agents shall be determined by Article 72 of this Code.
187.1 Refusal of the
candidates for the Presidency from the candidacy status is regulated by Article
73 of this Code.
187.2 A registered
candidate for the Presidency may refuse to participate in the elections at
least 2 days prior to the election day by submitting written application to the
Central Election Commission. The submitted application cannot be withdrawn.
188.1 Refusal of a
political party, block of political parties participating in the Presidential
Elections cannot be basis for refusal of candidacy status of the candidates for
the Presidency or of cancellation of registration of the candidates for the
Presidency.
188.2 A political
party which is included in the block of political parties may refuse to
participate in the elections as a member of this block of political parties,
due to the decision of authorized body of the relevant political party by
submitting an application to the Central Election Commission any time at least
5 days prior to election day.
188.3 A political
party which refuses to participate in elections as a member of a block of
political parties can act as an independent political party or can join other
block of political parties in conformity with the rules established by this
Code.
188.4 If all
political parties (except one) included in the block of political parties
refuse to participate in the elections after the candidate for the Presidency
nominated by the abovementioned block of political parties has been registered
by the Central Election Commission, the remaining political party can
participate in the elections as a block of political parties keeping name and
symbols of the block of political parties. This rule does not apply to cases of
refusal of registration of candidates for the Presidency or cancellation of
registration.
188.5 The refusal of
a block of political parties to participate in elections does not deprive
political parties included in the block of rights to participate in elections.
In such cases it is required to re-nominate a candidate for the Presidency and
to implement other necessary election actions in conformity with this Code.
CHAPTER
Thirty Nine. Preparation to Presidential Elections
189.1 Participation
of registered candidates for the Presidency, political parties, block of
political parties in pre-election campaign is regulated by Chapter Thirteen of
this Code.
189.2 One third of
total volume of free airtime allocated by TV and Radio companies shall be
allocated for registered candidates for the Presidency to conduct debates,
round tables, other campaigning activities.
189.3 Airtime for
conduct of joint campaign activities on channels of TV and Radio organizations
mentioned in Article 77.2 of this Code shall be allocated for registered
candidates for the Presidency, calculated separately and implemented.
Registered candidates for the Presidency must use such airtime on the equal
basis. In such circumstances, volume of free airtime used by each candidate for
the Presidency shall be determined separately.
189.4 The norm of
usage of paid airtime mentioned in Article 81.1 of this Code is determined by
dividing its total volume by the total number of candidates for the Presidency.
189.5 The volume of
space allocated in periodicals mentioned in Article 84.1 of this Code shall be
determined through dividing it by the total number of the candidates. The
latters can use this space on the paid basis.
189.6 Refusal of
registered candidates for the Presidency to participate in activities mentioned
in Article 189.2 of this Code shall not be reason to increase free airtime
allocated in conformity with Article 80.6 of this Code.
Article 190. Special Election Accounts during the Presidential Elections
190.1
A candidate for the
Presidency or his/her authorized representative should open a special election
account for formation of election fund after he/she submits notification or a
relevant decision on nomination of a candidate by political party or block of
political parties to the Central Election Commission, but at least 5 days prior
to the day of submission of notification for registration of candidates to the
Central Election Commission.
190.2
A registered
candidate for the Presidency shall open special election account on the basis
of a document on his/her nomination received from the Central Election
Commission, and documents mentioned in Articles 53 and 54 of this Code.
190.3
A candidate for the
Presidency may assign another person to open a special election account for
him/her in conformity with defined rules.
190.4
A candidate for the
Presidency, a registered candidate for the Presidency may authorize another
person to use his/her funds available in the special election account,
informing the Central Election Commission about this in writing.
Article
191. Election Funds of Candidates for the Presidency
191.1 The maximum
limit of the election fund of a candidate for the Presidency cannot be more
than 200 thousand times the minimum salary which is in force for the date the
decision on determination of the election day is officially published.
191.2 Election funds
of candidates for the Presidency shall be formed only from the following
monetary means:
191.2.1 special
funds (these special funds for candidates for the Presidency nominated
by political parties or block of political parties shall be formed from the
funds contributed by political parties or political parties which have created
block of political parties) of candidates for the Presidency, with a condition
it cannot be more than 25 thousand times the minimum salary which is in force
for the date the decision on determination of the election day is officially
published;
191.2.2 a fund allocated by the Central Election
Commission, except for circumstances considered by Article 197.6 of this Code;
191.2.3 voluntary donations of citizens and legal
entities. For citizens the limit of voluntary donations for cannot be more than
1500 times the minimum salary which is in force for the date the decision on
determination of the election day is officially published, for legal entities –
more than 10 thousand times.
192.1 The following
information should be necessarily published in the mass media provided for by
Article 77.2 of this Code:
192.1.1 about the financial report on expenditure
of funds if the election fund of a registered candidate for the Presidency is
more then 2 thousand times the minimum salary which is in force for the date
the decision on determination of the election day is officially published, for
the candidate for the Presidency – 500 times;
192.1.2 about the legal entities who contributed
donations, the amount of which is more than one thousand times the minimum
salary which is in force for the date the decision on determination of the
election day is officially published for the registered candidate for the
Presidency, for the candidate for the Presidency – 250 times (in this case, the
possibility of transfer of funds through several installments of donations
should be taken into account);
192.1.3 about the number of citizens who
contributed donations to the election fund which is more than 50 times the
minimum salary in force for the date the decision on determination of the
election day is officially published;
192.1.4 about the funds returned to the
contributors and about the grounds for return;
192.1.5 about the total amount of money received
by the election fund and the total amount of its expenditure.
193.1 A candidate for
the Presidency who does not become registered can return unexpended money of
the election fund (excluding transfer expenses) to citizen-contributors and
legal entities according to the proportional relativity of the amount of
voluntary donations before he/she submits final financial report.
193.2 After a
registered candidate for the Presidency mentioned in Article 194 of this Code
returns funds to the Central Election Commission and before submission of final
report financial report, he/she can return unexpended money of the election
fund to the citizen-contributors and legal entities according to the rule provided
for in Article 190.1 of this Code only with the permission of the Central
Election Commission.
193.3 A candidate for
the Presidency not considered by Article 194 of this Code is prohibited to
return unexpended money from election funds to citizens and legal entities who
contributed donations to the election funds until funds given by the Central
Election Commission are returned and cost of airtime on TV and Radio companies
and cost of space in periodicals is paid. In such circumstances funds of the
Central Election Commission shall be returned first.
193.4 Registered
candidates for the Presidency not considered by Article 194 of this Code can
return unexpended money of election funds to the accounts of citizens and legal
entities who have contributed donations according to the rule provided for in
Article 193.1 of this Code after they pay the funds of the Central Election
Commission and cost of free airtime on TV and Radio companies and space in
periodicals.
A registered candidate for the Presidency who participated
in elections and recorded at least 10% of total number of voters or who is
considered to be elected, as well as a registered candidate for the Presidency
who withdrew candidacy due to compelling reasons specified in article 73.3 of
this Code are obliged to return the unexpended part of the election fund
transferred by the Central Election Commission to this election commission
within 30 days after the election day. When this period finishes a relevant
bank must transfer the money mentioned in the letter of the Central Election
Commission to the account of the latter with no disputes.
195.1 A candidate for
the Presidency not considered by Article 194 of this Code must pay the full
amount of the cost of free airtime and space to the TV and Radio companies and
periodicals mentioned in Articles 77.2 and 77.3 of this Code. Within 3 days
after the results of the Presidential Elections have been officially published,
the Central Election Commission sends the following to the TV and Radio
companies and periodicals mentioned in Articles 77.2 and 77.3 of this Code:
·
names of the mentioned candidates;
·
their addresses;
·
verified copies of notifications on payment for free
airtime and space used in periodicals.
195.2 Within 10 days
after the results of the Presidential Elections have been officially published,
the TV and Radio companies and periodicals mentioned in Articles 77.2 and 77.3
of this Code send relevant information on the cost of used airtime and cost and
volume of space in periodicals, their legal address and bank details to the
candidates for the Presidency considered by Article 194.1 of this Code.
195.3 Cost of free
airtime and space in periodical considered by Articles 80.5, 83.6 and 189.2 of
this Code is determined in conformity with rules established by Articles 80.6
and 83.7 of this Code by multiplying total volume of airtime and space in
periodicals allocated for the candidates for the Presidency by cost of airtime
determined by TV and Radio companies and the cost of space allocated and
information published in periodicals.
195.4 If candidates
for the Presidency use free airtime for joint election campaign activities
mentioned in Article 189.2 of this Code, the amount of money returned by each
candidate is determined by TV and Radio companies proportionally for total
number of participants of each joint election campaign activity.
195.5 If candidates
for the Presidency refuse the use of free airtime in the manner and within the
period established by Articles 81.5 of this Code, the cost of free airtime
presented shall not be paid.
195.6 TV and Radio
companies and periodicals considered by Articles 77.2 and 77.3 of this Code
shall inform the Central Election Commission about candidates for the
Presidency not considered by Article 194 of this Code who have not completely
paid the cost of free airtime and space in periodicals, within 12 months
effective from election day.
The relevant bank, on
the basis of written instructions of the Central Election Commission, must
transfer money remaining in special accounts of election funds of candidates
for the Presidency, registered candidates for the Presidency, to the state
budget 60 days after the election day.
197.1 If there is no
money in the election fund or it is short of money, the return of budget money
by a registered candidate, as well as the cost of free airtime and space in
periodicals allocated, will be implemented from the personal funds of citizens
nominated as candidate for the Presidency.
197.2 If a registered
candidate for the Presidency not considered by Article 194 of this Code,
undertakes obligations to return relevant funds in addition to submitting the
final financial report according to this Code, he/she can return the funds to
be returned to the state budget to the account of the relevant Central Election
Commission within a 12 month period effective from voting day.
197.3 If the
obligations established by Article 197.2 of this Code are not performed and if
the period mentioned by the obligations for returning money expires, funds will
be returned by court. If a registered candidate for the Presidency not
considered by Article 194 of this Code and who does not perform requirements
mentioned in Article 197.2 of this Code nor undertakes obligations mentioned in
the same Article before the final financial report is submitted, funds shall be
returned by court before the period for submission of the final financial
report expires.
197.4 If a candidate
for the Presidency or registered candidate for the Presidency loses his/her
candidacy status, the obligations imposed on the candidates and registered
candidates by this Article shall be imposed on the citizen who is considered to
be a candidate or registered candidate.
197.5 A list of
citizens not considered by Article 194 of this Code and who have debt
obligation to the Central Election Commission shall be published.
197.6 If a citizen
not considered in Article 194 of this Code and nominated as a candidate for
Presidency, has debts regarding the budget to the Central Election Commission
during the previous elections when the date of the decision on determination of
the election day was officially published, this candidate does not have the
right to receive funds from the state budget during the Presidential Elections.
CHAPTER Forty. Conduct of Presidential Elections
198.1 The voting room
during the Presidential Elections is organized in accordance with requirements
of Article 98 of this Code.
198.2 The Precinct
Election Commission places a notice board in the voting room or right in front
of the room for displaying sample ballot papers and information about
registered candidates for the Presidency: name, surname, date of birth,
education, main employment (or service) place and occupation (if a candidate
does not have it – type of activity), address of residence and who has
nominated them.
198.3 If a registered
candidate for the Presidency has a sentence which is not served or cancelled,
the information must contain name and number of the relevant article of the
Criminal Code that a candidate for the Presidency was imposed. If the candidate
has done an action which imposes criminal liability in another country where
he/she resides and is sentenced by a court decision which entered into force,
and if this action is subject to criminal liability under the Criminal Code of
the Republic of Azerbaijan, then the name of the relevant law of the foreign
country must be recorded as well.
198.4 Information on
candidates for the Presidency shall appear on the notice board in the manner
and consecutive order as defined by the ballot paper.
199.1 Ballot papers
for the Presidential Elections are prepared in conformity with the rules
mentioned in Article 99 of this Code.
199.2 The ballot
paper for the Presidential Elections shall contain the following about the
candidates for the Presidency in alphabetical order: name, surname, patronymic,
pseudonym, date of birth, address of residence, main employment (or service)
place (if a candidate does not have it – type of activity), elected position
occupied at state bodies or municipalities, who has nominated the registered
candidate for the Presidency.
199.3 The ballot
paper must contain the short name of a political party that a registered
candidate for the Presidency is a member of, in conformity with Article 54 of
this Code. The ballot paper may contain party affiliation of a candidate for
the Presidency if he/she so desires, in conformity with Article 53 of this
Code.
199.4 A blank square
shall be located to the right hand side of a name of candidate for the
Presidency. To the end of the list of candidates for the Presidency, a line
containing “Against all candidates” will be placed on the same level with a
blank square, which is located on the right hand corner.
199.5 If some
candidates for the Presidency were withdrawn or their registration was cancelled
after ballot papers have been prepared, based on decision of the Central
Election Commission, the Constituency Election Commission or Precinct Election
Commission shall cross out names of the abovementioned candidates with a
purpose of erasing information about them from the ballot paper. In case of
need of adding or amending information regarding the registered a candidate for
the Presidency in the printed ballot paper, the addition or amendment to the
ballot papers is made in conformity with the decision of the Central Election
Commission with handwriting of the Constituency or Precinct Election
Commissions members using stamp of the election commission.
200.1 Voting during
the Presidential Elections shall be conducted in conformity with Articles 104
and 105 of this Code.
200.2 A voter marks a
blank square to the right hand side of the surname of a candidate for the
Presidency
200.3 The ballot
paper shall be considered invalid, if more than one square is marked.
201.1
The count of votes in an election precinct during the
Presidential elections shall be conducted in conformity with Article 106 of
this Code, and a protocol be compiled.
201.2
Each protocol shall contain, in addition to provisions of
Article 100.2 of this Code, the following information about results of voting:
201.2.1 names, surnames, patronymics of
candidates for the Presidency, if this information is identical, other
information about the candidates;
201.2.2 number of votes cast for each candidate
for the Presidency;
202.1 The count of
votes in an election constituency during the Presidential elections shall be
conducted in conformity with Article 107 of this Code. At latest 2 days after
the election day the Constituency Election Commission shall determine the
voting results.
202.2 The protocol of
the Constituency Election Commission shall include in addition to those
indicated in Articles 100.2 and 201 of this Code, the number of precincts where
the voting results have been invalidated.
203.1 Not later than
14 days starting the election day the Central Election Commission finalizes
Presidential Elections and submits the results to the Constitutional Court of
the Republic of Azerbaijan.
203.2 A general
schedule displaying the data from Constituency Election Commissions shall be
attached to the protocol of the Central Election Commission.
203.3 Based on
protocols on voting results received from Constituency Election Commissions,
the Central Election Commission shall, in addition to provisions of Article 108
of this Code, define the number of election constituencies where legal
violations have taken place during conduct of elections or determination of
voting results or that did not allow to identify the voters’ will; the number
of election precincts where voting results were invalidated and the number of
votes cast for each candidate for Presidency.
203.4 In accordance with Part II, Article 101 of the
Constitution, a candidate for Presidency of the Republic of Azerbaijan is
considered elected if more than half of the voters who participated in the
voting, voted for him/her.
203.5 A protocol on
results of the Presidential elections shall be published within 24 hours upon
its signing.
Article 204. Invalidation of Results of Presidential
Elections by the Central Election
Commission
204.1 The Central Election Commission shall
consider invalid the results of the Presidential elections in the following
cases:
204.1.1.1
if legal violations
not allowing to identify the voters’ will, have taken place in more than 50 election constituencies during the
voting or determination of voting results;
204.1.1.2
if during the voting the number of election precincts
with invalidated voting results in more than 2/5 of
election precincts exceeds 2/5 of total number of the election precincts;
204.1.1.3
on the basis of a court decision.
205.1 If more than
two persons are included in the ballot paper as candidates for presidency and
no one was elected, the Central Election Commission shall determine repeat
voting for the two of the candidates that gain the majority of the votes during
the elections.
205.2 In accordance with Part III, Article 101 of the Constitution of ,
the repeat voting is held on the second Sunday after the voting in general
elections.
205.3 Information about the conduct of repeat voting is published in
mass media not later than 2 days after the Central Election Commission makes
the relevant decision.
205.4 Pursuant to Article 101.4. of the Constitution, the candidate who
gained the majority of votes of voters that participated in the repeat voting
is considered elected as the President of the Republic of Azerbaijan.
If outcomes of the Presidential elections are considered
invalid and the President of the Republic of Azerbaijan is not elected, a
repeat Presidential election is determined by a decision of the Central
Election Commission.
Article 207. Early Presidential Elections
In case of early
Presidential elections, the Central Election Commission shall define periods of
implementation of election actions which are appropriate to the period
specified in Part I, Article 105 of the Constitution of the Republic of
Azerbaijan, and publish it in a table form along with the decree on conduct of
the early Presidential elections. With this purpose, the periods identified in
this Code can be decreased at most 2 times.
208.1 Within 45
days after the voting day the Central Election Commission organizes the
official publication of information from protocols of Constituency Election
Commissions in mass media mentioned in Article 77.2. of this Code.
208.2 Information
from the protocols of a Constituency Election Commission on the voting results
shall be published not later than 5 days after conduct of elections and
information from the protocols of a Precinct Election Commission on the voting
results shall be published not later than 10 days after conduct of elections in
mass media considered by Articles 77.3 and 77.4 of this Code.
209.1 In accordance
with Article 103 of the Constitution of a person elected President takes an
oath within 3 days after official announcement of the Presidential election
results by the Constitutional Court.
209.2 From the day
of taking the oath, the President of the Republic of Azerbaijan receives a
salary at the rate of 3000 times the minimum salary established by law.
209.3 The
functioning President of the Republic of Azerbaijan implements his power until
the commencement of the powers of the newly elected President of the Republic
of Azerbaijan.
210.1 Members to
municipalities, which implement local self-governance in the Republic of
Azerbaijan are elected by relative majority on nationwide constituencies.
210.2 The municipal
members are elected on the basis of election areas as follows:
210.2.1 in the areas with less than 500 population – 5 municipal
members
210.2.2 in the areas having 500 to 1000 population –7 municipal
members
210.2.3 in the areas having 1000 to 5000 population – 9 municipal
members
210.2.4 in the areas having 5000 to 10000 population – 11
municipal members
210.2.5 in the areas having 10000 to 20000
population – 13 municipal members
210.2.6 in the areas having 20000 to 50000
population – 15 municipal members
210.2.7 in the areas having 50000 to 100000
population – 17 municipal members
210.2.8 in the areas having 100000 to 300000
population – 19 municipal members
211.1 The term of
office of municipalities is 5 years.
211.2 The term of
office of municipalities commences from the voting day and ends on the day of
first meeting of newly elected municipalities.
211.3 The powers of
members of municipality are in force only during the term of office of
municipality.
On Election Day citizens of the
Republic of Azerbaijan who are 18 years or more than 18 years old and who lives
permanently in the relevant election territory can be elected as a member to
municipalities.
213.1 The President
of the Republic of Azerbaijan appoints elections to municipalities.
213.2 The decision on
determination of elections to municipalities must be officially published in
mass media at the latest within 5 days after the decision had been made.
214.1 Political
parties, block of political parties and citizens of the Republic of Azerbaijan
who live permanently or mostly in the same election constituency and have the
right to vote, can nominate candidates for a member of municipality in the
election constituency in accordance with the Articles 53 and 54 of this Code.
214.2 Candidates for
a member of a municipality in repeat elections to municipalities are nominated
after the decision on determination of these elections is officially published.
214.3 Candidates for
a member of a municipality in by elections to municipalities are nominated
after the period mentioned in Article 213.2 of this Code.
214.4
The nominee can consent to nomination to one municipality only.
214.5
The candidate nominated for municipal membership can be
nominated and registered on one municipality only.
214.6 Notification on
nominating, application of consent of relevant candidates and other documents
are sent to the Central Election Commission if formation of a Constituency
Election Commission is not completed until nomination of candidates for member
of municipality. The Central Election Commission submits the abovementioned
documents to the Constituency Election Commission after it has been formed and
its chairperson has been elected.
215.1 Each nominated
citizen must collect voters signatures as follows to be registered as a
candidate for member of a municipality in the relevant election constituency:
215.1.1 area having population more than 100000 – 150;
215.1.2 area having
population more than 50000 – 100;
215.1.3 area having
population more than 20000 – 70;
215.1.4 area having population
more than 10000 – 50;
215.1.5 area having
population more than 5000 – 30;
215.1.6 area having
population less than 5000 – 15.
215.2 Voters have the
right to sign in support of several candidates.
215.3 Voters
signatures are collected in accordance with the rule mentioned in Articles 56
and 57 of this Code.
215.4 Signature
papers are prepared in the form of “Appendices #. - ”attached to this Code.
215.5 The
Constituency Election Commission gives a written confirmation document about
the receipt of documents.
215.6 If a political
party or a block of political parties that nominated a candidate on a
nationwide constituency collect signatures in support of the candidate, the
signature sheet shall contain, along with the information about the candidate,
the name of the political party or the block of political parties which has
nominated the candidate; if the candidate’s application contains such
information, then the name of the political party the candidate belongs to and
the candidate’s relevant status in the political party may be indicated.
216.1 Candidates for
membership of municipality are registered according to the rules mentioned in
Article 60 of this Code.
216.2 It is not
allowed for one person to bet registered for a member of more than one
municipality.
216.3 If the rules
mentioned in Article 214.5 of this Code have been violated, the candidate’s
previous registration shall be considered to be valid, and the decision on
registration that had been made relatively late is cancelled with the decision
of relevant Constituency Election Commission.
216.4 The activities
of a registered candidates for member of municipality is regulated by Articles
69-71 of this Code.
216.5 A list of
registered candidates for municipalities shall be published by the relevant
election commission at least 55 days prior to the voting day, in the
periodicals specified in Articles 77.3 and 77.4 of this Code.
Article 217. Postponement of Municipal Elections
217.1
If none of the candidates or only one candidate has been
registered for municipalities, during the period mentioned in Article 58.1 of
this Code, elections in the relevant municipality shall be postponed by the
Central Election Commission for a two month period, with a purpose to nominate
additional candidates and to conduct following election activities.
217.2
If none of the registered candidates or only one registered
candidate remains for a municipality till the voting day, elections to the
municipality shall be postponed by the Central Election Commission for 2
months, with a purpose to nominate candidates and to conduct further election
activities.
218.1.
A candidate for membership of a municipality has the right to
use all kinds of public transport within the relevant constituencies (except
taxis and ordered transport services) free of charge effective from the date of
registration until the date of the official publication of election returns.
218.2.
Such payments shall be made from the funds allocated for the
Constituency Election Commission.
Article 219. Immunity of a Registered Candidate to Municipal Membership
The registered candidate
for membership of municipality can be subject to liability only with consent of
the relevant district prosecutor, in the manner established in Article 70.4 of
this Code.
220.1 A candidate for
membership of a municipality has the right to appoint up to 5 agents. These
persons shall be registered by Constituency Election Commission.
220.2 The status of
agents shall be determined by Article 72 of this Code.
221.1 Refusal of
candidates for membership of a municipality from candidacy status shall be
regulated by Article 73 of this Code.
221.2 A person who
committed actions considered by Articles 73.1-73.3 of this Code has the right
to re-nominate him/herself for any other municipality within the rules and
period established by this Code.
Article 222. Refusal of a Political Party, Block of
Political Parties from Participation in Municipal Elections
222.1 A political
party, based on its charter, and a block of political parties, based on the
decision made by authorized representatives of political parties that are
members of the block, have the right to withdraw a candidate for a member of
municipality nominated for election constituency or registered candidate for a
member of municipality at any time by submitting written application to the
relevant Constituency Election Commission at latest 3 days prior to the
election day.
222.2 By submitting a
written application to the Constituency Election Commission at least 3 days
prior to the election day, a political party or block of political parties
which have nominated a candidate for a member of municipality can refuse to
participate in the elections, based on a decision of the body that nominated
candidates. In this case, the political party or block of political parties can
withdraw its candidates for membership of a municipality.
222.3 A political
party, which is included in the block of political parties can refuse to
participate in the elections as a member of this block based on the decision of
the authorized body of the political party at any time by submitting a written
application to the Constituency Election Commission at least 3 days prior to
the election day.
222.4 A political
party, which refused to participate in elections as a member of the block can
function as an independent party or join another block of political parties in
conformity with the rules established by this Code.
222.5 If all
political parties (except one) included in the block of political parties
refuse to participate in the elections after candidates for membership of a
municipality nominated by abovementioned block of political parties have been
registered by the Constituency Election Commission, the remaining political
party can participate in elections as a block of political parties keeping name
and symbols of the block of political parties. This rule does not apply the
cases of refusal in the registration of candidates for member of municipality
or cancellation of registration.
222.6 The refusal of
a block of political parties to participate in the elections does not deprive political
parties included in the block of rights to participate in elections. In such
cases it is required to re-nominate a candidate for membership of a
municipality and to implement other necessary election activities in conformity
with this Code.
The political parties or block of political parties which
during municipal elections nominate candidates to the Central Election
Commission membership in more than half of all municipalities, and nominate
candidates to the Constituency Election Commission membership in more than half
of all municipalities within the constituency, can appoint one member with
consultative voting right.
224.1 Participation
of candidates for membership of a municipality in the pre-election campaign is
regulated by Chapter 13 of this Code.
224.2
1/3 of total free airtime allocated by TV and radio companies
should be provided to the political parties and block of political parties,
which have registered candidates in more than 1/3 or in more than half of
municipalities, to conduct discussions, round tables and other campaigning
actions, taking into consideration provisions of Articles 77.2 and 77.3 of this
Code.
224.3
Airtime for joint election campaign activities on TV and radio
mentioned in Articles 77.2 and 77.3 of this Code shall be allocated and
calculated for political parties and block of political parties, and performed
separately. The political parties and block of political parties should use
such free airtime on equal basis. In this case, the volume of free airtime for
each candidate, political parties and block of political parties is defined
separately.
224.4 The norm of paid use of the airtime mentioned in the Article 81.1
of this Code is determined by dividing the total volume of free space by total
number of candidates for membership of a municipality specified in
Article 77.4 of this Code.
224.5 Candidates for membership of a municipality can use the
space that is allocated in the periodicals mentioned in Article 84.1. of this
Code and is determined by dividing the total number
of candidates for membership of a municipality mentioned in Article
77.4. of this Code, on the basis of payment.
224.6 Refusal of
the registered candidates, political parties and block of political parties,
which have registered candidates in more than half of municipalities from
participation in actions mentioned in Article 224.2 of this Code shall not
cause increase of free airtime allocated in accordance with Article 80.6.
225.1 Candidates to
municipal membership must establish their election funds.
225.2
Election funds of candidates for member of a municipality can be formed through the following amounts:
225.2.1
·
the amount of special funds
of candidates for membership of a
municipality mentioned in Article 215.1.1.cannot be
more than 2000 times the minimum salary, which is in force on the day of
official publication of the decision on determination of the election day;
·
not more than 1500 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.2.;
·
not more than 1000 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.3.;
·
not more than 500 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.4.;
·
not more than 250 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.5.;
·
not more than 150 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.6.;
225.2.2 Election funds of political parties or block of political
parties with nominated candidates for membership of a municipality can be formed from
·
not more than 1500 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.1.;
·
not more than 1000 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.2.;
·
not more than 750 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.3.;
·
not more than 500 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.4.;
·
not more than 250 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.5.;
·
not more than 100 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.6.;
225.2.3 funds allocated by a
Constituency Election Commission on equal basis to candidates for membership of
a municipality 25 days prior to the voting day, except for the cases defined by
Article 233.8 of this Code;
225.2.4 voluntary
donations from citizens not more than 100 times the minimum salary, which is in
force on the day of official publication of the decision on determination of
the election day.
225.2.5 voluntary
donations of legal entities that are:
·
not more than 2000 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.1.;
·
not more than 1500 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.2.;
·
not more than 750 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.3.;
·
not more than 500 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.4.;
·
not more than 250 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.5.;
·
not more than 150 times the
minimum salary, which is in force on the day of official publication of the
decision on determination of the election day - for candidates for membership
of a municipality mentioned in Article 215.1.6.;
225.3. Maximum limit of the funds of candidates for
membership of a municipality cannot exceed:
·
10000 times the minimum
salary, which is in force on the day of official publication of the decision on
determination of the election day - for candidates
for membership of a municipality mentioned in Article 215.1.1;
·
7500 times the minimum
salary, which is in force on the day of official publication of the decision on
determination of the election day - for
candidates for membership of a municipality
mentioned in Article 215.1.2.;
·
5000 times the minimum
salary, which is in force on the day of official publication of the decision on
determination of the election day - for
candidates for membership of a municipality
mentioned in Article 215.1.3.;
·
2500 times the minimum
salary, which is in force on the day of official publication of the decision on
determination of the election day - for
candidates for membership of a municipality
mentioned in Article 215.1.4.;
·
1500 times the minimum
salary, which is in force on the day of official publication of the decision on
determination of the election day - for
candidates for membership of a municipality
mentioned in Article 215.1.5.;
·
1000 times the minimum
salary, which is in force on the day of official publication of the decision on
determination of the election day - for
candidates for membership of a municipality
mentioned in Article 215.1.6.
225.4
Municipalities can allocate funds of equal amounts, to
election funds of candidates nominated within their territory. The amount of
these funds shall be regulated by Article 225.2.5 of this Code.
225.5
Political parties and block of political parties, which have
nominated or registered candidates on more than half of municipalities can
create an unified election fund.
225.6
Election funds of candidates, and registered candidates
nominated for a single-mandate constituency can be organized from the following
monetary means:
225.6.1
the special funds of political parties and block of
political parties — the amount of the special funds cannot be more than 50
thousand times the minimum salary, which is in force on the day of official
publication of the decision on determination of the elections (these special
funds of the block of political parties can be formed from funds provided by
the political parties that constitute the block);
225.6.2
funds allocated for political parties and block of
political parties by the Central Election Commission, except the cases
considered by this Code;
225.6.3
voluntary donations of citizens and legal entities. Limit
of voluntary donations cannot be more than 150 times the minimum salary for
citizens and 5,000 times the minimum salary for legal entities, which is in
force on the day of publication of the decision on determination of the
elections.
225.7
The maximum limit of the election fund assets of a
political party or block of political parties shall be determined through
multiplying the amount stipulated in Article 225.2 of this Code by the number
of nominated or registered candidates. In any case, the maximum limit of the
election fund assets of a political party or block of political parties cannot
exceed 200 times the minimum salary which is in force on the day of publication
of the decision on determination of the elections. At the same time, the amount expended for each candidate should
not exceed the amount provided for in Article 225.3 of this Code. Observance of
this condition should be indicated in financial statements of political parties
or block of political parties.
226.1 Candidates for
membership of municipality must open special accounts for creating their
election fund within 5 days after they submit to the Constituency Election Commission
a notification on commencing collection of signatures.
226.2
The political parties, which intend to open a
single election fund for the candidates shall open a special election account
to form the unified election fund, within 5 days after they submit to the
Central Election Commission the list of the candidates nominated in more than
1/3 of municipalities.
226.3
A candidate, political party, block of
political parties shall open a special election account on the basis of the
verified copy of the notification of the Constituency Election Commission on
nomination of a candidate, and upon attaching thereto the documents specified
in Articles 53 and 54 of this Code. The candidate, political party, block of
political parties can assign its authorized representative to open the special
election fund. The candidate, registered candidate, political parties, block of
political parties can entitle another person to use the funds from its election
account, through informing the Constituency Election Commission (the Central
Election Commission) in writing.
226.4
If the municipality, where the candidate or
registered candidate is nominated changes, he/she must return the balance
remaining in the special election account by distributing it proportionally
among the persons and legal entities that contributed voluntary donations.
After doing this, the candidate or the registered candidate must submit a final
financial report to the Constituency Election Commission. Opening a new special
election account shall be regulated in conformity with the rules defined by
this Code.
If the
number of candidates registered in municipalities of a political party or block
of political parties which created an unified election fund, covers half or
less than half of the municipalities, the special election account of the
political party, block of political parties shall be closed, and concurrently a
special election account be opened for each candidate and assets of the unified
election fund proportionally divided among the election funds of the
candidates.
228.1 The following
information on the election fund of the candidate to municipal membership is
obliged to be published by the mass media mentioned in Article 77.4 of this
Code:
228.1.1 on the financial report about usage of
election fund of a candidate for a membership of a municipality if its amount
is more than thousand times the minimum salary which is in force on the date
decision on determination of election day is officially published;
228.1.2 on the legal entities who contributed
donation, which is more than 500 times the minimum salary which is in force on
the date the decision on determination of the election day is officially
published, to the election fund of a candidate for membership of a municipality
(in this case, possibility of transfer of funds through several installments of
donations should be taken into account);
228.1.3 on the number of citizens who contributed
donations, which are more than 50 times the minimum salary which is in force on
the date the decision on determination of the election day is officially published,
to the election fund of a candidate for membership of a municipality;
228.1.4 on the funds returned to the contributors
and on the grounds for return;
228.1.5 the total amount of money received by the
election fund of a candidate for membership of a municipality and the total
amount expended;
228.2
The following information about the political party or block
of political parties is obliged to be published in mass media in conformity
with the rules mentioned in Articles 77.2 or 77.3 of this Code:
228.2.1on the financial
statement of expenditure of funds, if the election funds exceed 2,000 times the
minimum salary, which is in force on the day of publication of the decision on
determination of the elections;
228.2.2on the legal
entities who contributed donations to the election funds which exceed 1,000
times the minimum salary, which is in force on the day of publication of the
decision on determination of the elections (in this case, possibility of
transfer of funds through several installments of donations should be taken
into account);
228.2.3on the number of
citizens who contributed donations more than 50 times the minimum salary which
is in force on the day of publication of the decision on determination of the
elections;
228.2.4on the funds
returned to the contributors and the grounds for return;
228.2.5on the total
amount received by the election fund and the total amount of its expenditures.
229.1 Before
submission of a final financial report, a candidate not registered as a
candidate for a member of municipality, political party or block of political
parties which candidates are not registered by the Constituency Election
Commission is obliged to return unexpended money of the election fund
(excluding transfer expenses) to citizen-contributors and legal entities
according to the proportional relativity of donations contributed.
229.2 Candidates for
membership of a municipality, political parties or block of political parties
not considered by Article 230 of this Code are prohibited from returning
unexpended money of the election fund to citizens and legal entities who have
contributed donations to their election funds unless money allocated by
election commissions is returned and unless cost of free airtime on TV and
Radio companies and space allocated in periodicals is paid. In such case, the
candidate to municipal membership, political party or block of political
parties should first of all return the funds of the election commission.
229.3 After
candidates for membership of a municipality, political parties or block of
political parties return funds to the Constituency Election Commission and
before they submit final financial report, they can return unexpended money of
the election fund in a manner considered by Article 229.1 of this Code, with
permission of the Constituency Election Commission, to citizens and legal
entities who have contributed donations.
229.4 After paying
funds to the election commission, as well as paying cost of free airtime on TV
and Radio companies and space allocated in periodicals, candidates to municipal
membership, political parties, block of political parties not considered by
Article 230 of this Code can return unexpended money of election funds to bank
accounts of citizens and legal entities who had contributed donations in a
manner established by Article 229.1 of this Code.
A candidate for membership of a municipality who
participated in voting and collected at least 10% of votes of total number of
voters or who is considered to be elected, as well as a registered candidate
for membership of a municipality, political party or block of political parties
which have registered candidates in more than half of municipalities who
withdrew candidacy due to compelling circumstances are obliged to return
unexpended part of funds transferred to their election funds by the
Constituency Election Commission to this Constituency Election Commission
within 15 days after the election day. After the funds are transferred, the
funds of the municipalities shall be returned within 15 days, in the mentioned
manner. If this period expires, the relevant bank must transfer the amount
mentioned in Central Election Commission’s letter or that of the relevant
municipality to their account with no disputes.
231.1 The candidate,
political party or block of political parties not mentioned in Article 230 of
this Code, must completely pay the costs of free airtime and space allocated by
TV and radio companies and periodicals mentioned in Articles 77.2, 77.3 and
77.4 of this Code. The given cost must be paid by the candidate, political
party or block of political parties from election funds until the day a final
financial report is submitted. The Central Election Commission sends the
following to the TV and Radio companies and periodicals mentioned in Articles
77.2, 77.3 and 77.4 of this Code within 3 days after the general results of elections
are officially published:
·
a list of candidates, political parties or block of
political parties, as well as a list of political parties included in the block
of political parties mentioned above;
·
their addresses;
·
verified copies of extracts from joint decisions of
blocks of political parties on payment of used free airtime and space allocated
by periodicals.
231.2 TV and radio
companies and periodicals mentioned in Articles 77.2, 77.3 and 77.4 of this
Code inform the candidates, political parties, block of political parties not
considered in Article 230 of this Code about the cost of used free airtime,
volume and cost of used free space in periodicals, about their legal address
and bank information within 10 days after final election results are officially
published.
231.3 The cost of
free airtime and free space in periodicals mentioned in Articles 80.5, 83.6 and 224.2 of this Code, is determined
by multiplying the total volume of airtime and space in periodicals allocated
for the candidate, political party or block of political parties in accordance
with the rules defined in Articles 80.6
and 83.7 of this Code to cost of
airtime and space on periodical and for publication of information determined
by TV and radio companies and periodicals.
231.4
When political parties and block of political parties with
registered list of candidates use free airtime to conduct joint campaign
activities considered by Article 224.2 of this Code, the amount of funds
returned by each political party and block of political parties is determined
by TV and Radio companies by dividing it proportionally by the total number of
participants of each joint TV program.
231.5
If a candidate, political party or block of political parties
refuses to use free airtime in conformity with the rules and period defined by
the Article 81.5 of this Code, the cost of presented free airtime shall not be
paid.
231.6
TV and Radio companies and periodicals considered by Articles
77.2, 77.3 and 77.4 of this Code shall inform the Central Election Commission
about the candidate or political parties considered by Article 230 of this
Code, which did not completely pay cost of free airtime and space in a
periodical, within 12 months period effective voting day. The Constituency
Election Commissions inform the Central Election Commission about citizens or
political parties not considered by Article 230 of this Code and those who have
debt obligations to the election commission, within 12 months period effective
the election day.
Article
232. Money Remaining in Special Accounts of Election
Funds of Candidates to Municipal Membership of Political Parties, Blocks of
Political Parties
The relevant bank must transfer
money remaining in the special account of election funds of candidates for
membership of a municipality 30 days after voting day in accordance with the
written instruction of the Constituency Election Commission to the state
budget.
233.1 If there is no
money or a shortage of money in the election fund, the state budget and
municipal money shall be returned by the registered candidate, political party,
block of political parties, and the cost of allocated free airtime and space in
periodicals be reimbursed by political parties and blocks of political parties
at their own expenses.
233.2 If a block of
political parties is responsible for returning budget money allocated for
payment of free airtime presented and space allocated in a periodical, the
money to be returned shall be proportionally distributed among the political
parties included in that block before voting day, with a condition, unless
otherwise is established in the joint decision on creation of the block of political parties and submitted
to the Central Election Commission.
233.3 If a registered
candidate who is not considered by Article 230 of this Code undertakes to
submit a final financial report and to return the funds in conformity with this
Code, he/she can return funds to the relevant Constituency Election Commission
within 6 months effective from voting day.
233.4 Before the
submission of the final financial report, the political parties, block of
political parties, not considered by Article 230 of this Code and who do not
fulfill requirements of Article 230 of this Code but undertake obligations
before the Central Election Commissions, TV and Radio companies and periodicals
to pay relevant amount of monetary funds to them, can be provided with a
prolongation for the period of 6 months starting from the voting day to pay for
the amounts of state and municipal budgets as well as cost for used free
airtime and space in periodicals.
233.5 If the
obligations considered by Articles 233.3 and 233.4 of this Code are not
fulfilled and if the period mentioned in the obligations on returning the funds
expires, that money shall be returned by the court. If a registered candidate,
political party or block of political parties not considered by Article 230 of
this Code and who has not fulfilled the requirements of Articles 233.3 and
233.4 of this Code does not undertake the obligations mentioned in Articles
233.3 and 233.4 of this Code unless the final financial report is submitted,
money shall be returned in the court prior to expiration of the period for
submission of final financial report.
233.6 If a candidate
or registered candidate loses his/her status, the obligations charged the
candidate or registered candidates by this Article shall be imposed on a person
who was considered as a candidate or registered candidate. Should the
candidate, registered candidate be nominated by a political party or block of
political parties, the obligations charged by this Article to the political
parties and block of political parties will be imposed on the political parties
including those which entered the block of political parties, after elections
finish.
233.7 The Central
Election Commission provides the Constituency Election Commission with
information about citizens who are considered by Article 230 of this Code and
who have obligations to the election commissions or municipalities, within 5
days after Constituency Election Commissions are formed and after a decision on
determination of elections, repeat or by- elections is officially published.
233.8 The citizen
considered by Article 230 of this Code, who has debts to the election
commission regarding the budget for the date of official publication of
decision of determination of the voting day, does not have the right to receive
funds from the state or municipal budget during the elections, repeat and
by-elections, regardless of what constituency he/she has been nominated for.
234.1 The voting room during the elections to
municipalities is organized in accordance with requirements of Article 98 of
this Code.
234.2 The Precinct Election Commission shall place a notice board
in the voting room or in front of it, which contains the following:
·
samples of ballot papers;
·
information on political parties, block of political
parties and candidates of which have been registered;
·
following information about all candidates registered
from the relevant constituency: name, surname, date of birth, education, main
working (service) place and occupation (if a candidate does not have it – type
of activity), address of residence, their nominators.
234.3 If candidates
have been sentenced and if it is not canceled or served, the name and number of
a relevant article of the Criminal Code must be noted; if a candidate residing
in another country has committed an action which imposes a criminal liability
in accordance with the Criminal Code of that country and is sentenced by
a court decision which entered into force, the name
of the relevant law of the foreign country must also be recorded.
234.4 Information on candidates, political parties
and block of political parties shall appear in the manner and consecutive order
as defined in the ballot paper.
235.1 Ballot papers for the conduct of municipality elections are
prepared in accordance with the rule established by Article 99 of this Code.
235.2 Separate
ballot papers are prepared for each municipality election.
235.3 It
shall be indicated in the heading of the ballot paper what municipal election
it is intended to be used for.
235.4 A ballot paper for a municipality elections must contain the
following information on the candidates for member of a municipality:
·
name, surname, patronymic,
pseudonym;
·
date of birth;
·
address;
·
main working or serving place
(if he/she does not have them - type of activity);
·
if he/she has an elected
position in state and municipal bodies;
·
who has nominated him/her
The ballot paper must contain the
short name of the party of a candidate for membership of a municipality who has
been registered in accordance with the Article 54 of this Code. Party
affiliation of a candidate for membership of a municipality, registered in
accordance with the Article 53 of this Code, can be indicated by his/her will.
235.5 If, after the ballot papers have been produced, candidates for
membership of a municipality withdraws his/her candidacy or his/her
registration is canceled, Precinct Election Commissions cross out the names of
candidates for the purpose of erasing of the information on such candidates by
the instruction of Constituency Election Commissions. If in case of the need to
add information about candidate for membership of a municipality to the ballot
paper, or to make some changes, members of the Precinct Election Commission can
add information or make changes in handwriting verifying it with the seal of
the relevant commission on the basis of a decision of Constituency Election
Commission.
236.1 Voting during
municipality elections is conducted in accordance with Articles 104 and 105 of
this Code.
236.1.2 (?) The voter marks the square opposite to
the surnames of candidates they want to vote for and the number of such marks
should be equal or less than the number of the relevant municipality’s members.
236.1.3 (?) If the number of marked squares is more
than the number of municipal members, then the ballot paper shall be considered
invalid.
237.1 The counting
of the votes in the election precinct is conducted in accordance with Article
106 of this Code.
237.2 Each protocol
shall contain, along with provisions of Article 100.2 of this Code, the
following information about results of voting:
237.2.1 names, surnames, patronymics of candidates
who appear in the ballot box; if they are identical – additional information
about the candidates;
237.2.2 number of votes cast for each candidate.
238.1
The count of votes in a constituency precinct shall be
conducted in conformity with Article 107 of this Code.
The
Constituency Election Commission shall determine election returns for
single-mandate constituency within at latest 2 days after voting day. The
candidates who participate in the elections and collect the majority of votes
shall be considered as elected to a relevant municipality, as appropriate to
number of municipal members. The protocol of the Constituency Election
Commission shall contain the name, surname and patronymic of the candidate
elected as a member to municipality
Article
239. Checking and Approval of Outcomes of Elections to Municipalities
The Central
Election Commission shall check the protocols of the Constituency Election
Commissions (along with the documents attached pursuant to this Code), and in
accordance with Article 108 of this Code, compile a protocol on general
outcomes of the elections, within 20 days effective the voting day.
Article
240. Failure or Invalidation of Elections to Municipalities
240.1 The
Constituency Election Commission or the Central Election Commission shall
consider the elections in a municipality to be invalid, in the following
circumstances:
240.2.1
(?) if the number of election
precincts where voting results are considered invalid during the elections on a
municipality exceeds 2/5 of all precincts within the same municipality;
240.2.2
(?) on the basis of a court’s
decision.
Article
241. Announcement of Results of Elections to Municipalities
The Central Election Commission
announces the results of the elections to municipalities in the Republic of
Azerbaijan at latest within 20 days after starting from elections day.
According to the sample
determined by Central Election Commission, a card for being elected as
municipal member is provided by the Territorial Election Commission within 5
days after elections results have been announced.
Repeat elections shall be
conducted by the decision of Central Election Commission for the period, if
municipal elections are considered to be invalid, based on Article 240 of this
Code.
Article
244. By- Elections
If the required number of members
of a municipality has not been elected, or their terms of office have been
terminated before their normal expiry date and as a result of the above there
is less than 2/3 of the members in a municipality, by-elections shall be held
with the decision of the Central Election Commission.
Following receipt of the application from a
Constituency Election Commission that a member of a municipality has died
during his/her term of office, or has had his/her term of office terminated,
the Central Election Commission determines a new election.
Article
246. Publication of Returns of Elections to Municipalities and Voting Results
The Central Election Commission publishes information on
voting results as well as full voting information for Territorial Election
Commissions and Precinct Election Commissions in its own official publication
not later than 2 months after the municipal Election Day.
