Election Code (2003)

Posted

October 26, 2006

Country

Azerbaijan

Document Type

Primary Legislation

Topic name

Elections

Also under this topic

Constitution of the Azerbaijan Republic Parliamentary Election Law Law on Central Election Commission Decree calling upon a referendum to amend the Constitution (along with the proposed amendments) Unified Electoral Code Law of the Azerbaijan Republic on Approval and Entry into Force of the Election Code Decree on Implementation of the Unified Electoral Code Law on Amendments to Unified Election Code Election Code

Unofficial translation by IFES, June 2003

THE REPUBLIC OF AZERBAIJAN

ELECTION CODE

The will of the people of Azerbaijan constitutes the basis of the Republic of Azerbaijan’s State Power. The will of the people of Azerbaijan 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 deputies to the parliament of Azerbaijan Republic – the Milli Majlis, the President of Azerbaijan Republic, municipalities and nationwide opinion poll – referendum

SECTION ONE. Main Definitions

CHAPTER One. Main Definitions and Principles

Article 1. Main Definitions used in this Code

1.1 The following main definitions shall be used in this Code:

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

1.1.2 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;

1.1.3 Voter – a person, possessing suffrage;

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

1.1.5 Election constituency – a territorial unit, established in accordance with this Code, where the registered voters elect a representative (representatives) to any elective state body;

1.1.6 Citizen – citizens of the Republic of Azerbaijan with active voting right, and the persons, provided for in Articles 12.2 and 12.3 of this Code;

1.1.7 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;

1.1.8 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;

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

1.1.10 Signature sheets – lists with voters’ signatures directed to support either one or another candidate during election, or about membership in a referendum campaign group for the purpose of participating in pre-referendum campaign;

1.1.11 Campaign materials – printed, audio-visual and other materials devoted to pre-election (pre-referendum) campaign, which are envisaged to be published or distributed through other ways during election (referendum) campaign;

1.1.12 Pre-referendum campaign – activity of referendum campaign groups and citizens calling or having the purpose to call upon to the citizens which have the right to participate at referendum, to participate at the referendum and to support or not to support the issues to be discussed in the referendum;

1.1.13 Pre-election campaign – activity of citizens and political parties calling or having the purpose to call upon to voters to participate in the election, to vote (not to vote) for one or another candidate;

1.1.14 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;

1.1.15 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;

1.1.16 Initiators of establishing 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 to be submitted to the relevant election commission;

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

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

1.1.19 Observer – person appointed by political parties, non-governmental organizations, referendum campaign groups and candidates to observe the course of elections (referenda), and accredited in the relevant election (referendum) commission in the order provided for by this Code;

1.1.20 International (foreign) observer – person acquiring the right to observe elections (referenda) and representing a foreign state, foreign or international organization;

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

1.1.22 Block of political parties – block created by two or more political parties for joint participation in elections, having the same rights as political parties during the elections;

1.1.23 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);

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

1.1.25 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 (list of such documents shall be approved by the Central Election Commission).

1.1.26 Subordination – official relationship between a manager and a 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;

1.1.27 Publication – official bringing to attention of population or announcing the election-related (referendum-related) decisions of election commissions and other state bodies participating in conduct of elections (referendum), through posting them on notice boards, and by means of press, TV and Radio broadcasting and by other methods, allowing everyone to get familiar with these decisions.

1.1.28 Distant or impassable places – settlements located in a mountainous area, or which are in more than 1 hour drive by public transport from the closest election precinct, due to natural circumstances;

Article 2. Principles of Participation in Elections and Referendum

2.1. Citizens of the Republic of Azerbaijan shall 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 shall be free and voluntary. Nobody shall have 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. The diplomatic representations and consulates of the Republic of Azerbaijan should facilitate implementation of the rights of citizens of the Republic of Azerbaijan residing outside the Republic of Azerbaijan during holding of elections and referendum, which are specified 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 shall be carried out freely and publicly.  

2.6. The persons participating in elections (referendum) shall follow the principles given below:

2.6.1 to respect freedom of press;

2.6.2 not to obstruct professional activities of the mass media representatives; not to violate or interfere in election (referendum) campaign of candidates and parties (blocks of political parties);

2.6.3 not to obstruct distribution of election campaign materials or referendum campaign materials;

2.6.4 not to destroy or to spoil election campaign posters, referendum campaign posters and other campaigning materials;

2.6.5 not to obstruct pre-election (pre-referendum) mass activities;

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

2.6.7 not to obstruct the voters to express their will freely;

2.6.8 to respect authorized persons and observers and to cooperate with them;

2.6.9 to follow and assist in maintaining of secrecy of voting ;

2.6.10 not to win over voter to its side by illegal activities;

2.6.11 not to interfere in the activities of election (referendum) commissions groundlessly; not to violate the process of voting and vote count;

2.6.12 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;

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

2.6.14 to offer rewards to voters, or intimidate them with punishment;

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

2.6.16 not to provoke voters to vote or avoid voting, by using pressure or offering presents or by other methods that contradict the legislation;

2.6.17 not to make voters participate or avoid participation in referendum campaign groups, self-nominate or not self-nominate, withdraw or not withdraw their candidacy, take part or avoid participation in pre-election (pre-referendum) campaign process, by using pressure or offering presents or by other methods that contradict the legislation;

2.6.18 not to use assistance or activities rendered by any official for supporting or not supporting the issue put on for referendum, or the candidate;

2.7. Violation of Articles 2.6.2-2.6.5, 2.6.7, 2.6.10, 2.6.11, 2.6.13-2.6.18 of this Code shall impose liabilities under the Criminal Code or the Code of administrative Offences of the Republic of Azerbaijan.

Article 3. Universal Suffrage

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

Article 4. Equal Suffrage

4.1. The citizens shall participate in elections and referendum on equal terms.

4.2. Each citizen shall have a single vote during each voting.

4.3. Any vote of citizens shall have equal validity.

Article 5. Direct Suffrage

5.1. The citizens shall personally vote for a candidate during elections, and for or against the issues to be discussed by referendum.

5.2. Voting in place of other persons shall be prohibited. The citizens voting or providing conditions for voting in place of other persons shall be subject to the liability provided for in either the Criminal Code or the Code of Administrative Offences of the Republic of Azerbaijan.

Article 6. Voting Secrecy

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

Article 7. Obligation of Holding of Elections and Referenda

7.1. It shall be obligatory to hold elections to the Milli Majlis of the Republic of Azerbaijan, position of the President of the Republic of Azerbaijan and municipalities within time periods indicated in the Constitution of the Republic of Azerbaijan and the present Code.

7.2. It shall be 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.

Article 8. Timeframe for Announcement of Elections (Referenda)

8.1 Elections (referenda) shall be announced at least 120 days before the voting day.

8.2 Voting Day shall not be considered a working day.

Article 9. Place of Exercising of Suffrage

9.1 Taking into consideration Articles 35.4 – 35.6 of this Code, the active suffrage shall be exercised in the election precinct, in territory of which the citizens have been permanently residing for 6 months out of 12 months preceding the day the election is announced.

9.2 The citizens, who left their residence places due to wars, armed conflicts, public disorders or natural disasters, shall exercise their active suffrage in the order established by the Central Election Commission.

Article 10. Voting During Elections and Referendum

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.

Article 11. Right to Pre-election (Pre-referendum) Campaign

11.1 The State shall ensure creation of conditions for conduct of free pre-election (pre-referendum) campaign by citizens, political parties, and referendum campaign groups, in accordance with the Constitution of the Republic of Azerbaijan.

11.2 The citizens, political parties, referendum campaign groups shall have the right to call on voters to participate or not to participate in elections (referendum), to conduct pre-election (pre-referendum) campaign in the form of appeals to vote for or against a candidate, registered candidate, political party and block of political parties, and for or against an issue to be discussed at the referendum, in the manner and methods allowed by the Law.

11.3 The State shall define conditions for equal use of media branches by a registered candidate, as well as political parties, blocks of political parties and referendum campaign groups for pre-election (pre-referendum) campaign in accordance with Articles 74-86 of this Code.

CHAPTER Two. Suffrage Ensuring. Limitations.

Article 12. Belonging of the Active Suffrage

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 has attained the age of 18 years by the day of Parliamentary, Presidential and Municipal elections and referendum (including the same day) shall have the right to elect, to vote in referendum, to observe elections (referendum process), to participate in pre-election (pre-referendum) campaign, to participate in carrying out of actions related to the election actions and preparation of referendum provided for in this Code, that is the active suffrage.

12.2 Stateless persons meeting the requirement indicated in Article 12.1 of this Code and permanently residing in the Republic of Azerbaijan for not less than 5 years, shall have the right to vote during Presidential, Parliamentary and Municipal elections or referenda.

12.3 Citizens of foreign countries meeting the requirement indicated in Article 12.1 of this Code and residing within a relevant municipal territory for not less than 5 years, shall have the right to vote at municipal elections (provided that, in their native countries the same rights for foreigners during the municipal elections are recognized).

12.4 According to Article 56.2 of the Constitution of the Republic of Azerbaijan, the persons recognized by a court decision as incapacitated ones, shall be deprived of right to participate in elections as well as in referendum, that is the active suffrage.

Article 13. Belonging of the Passive Suffrage

13.1 Except for the cases stipulated by Article 56 of the Constitution of Azerbaijan Republic and by this Code, every citizen, having active suffrage, shall have the right to be an initiator of a referendum campaign group, and to be elected as a deputy to Milli Majlis, President or a member of municipality, which is the passive suffrage, if he/she meets requirements of the Constitution of the Republic of Azerbaijan concerning candidates for Presidency and candidates to Milli Majlis and municipality.

13.2 Cases of limitation 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.

13.3 Pursuant to Articles 56.3, 85 and 100 of the Constitution of the Republic of Azerbaijan the following persons shall not have a right to be elected as a deputy of the Milli Majlis, President, member of a municipality, i.e. they shall not have the passive suffrage:

13.3.1 people sentenced to servicing their sentence in institutions of confinement, by court decision, which has entered into force;

13.3.2 persons sentenced for the crimes indicated in Articles 15.4 – 15.5 of the Criminal Code of the Republic of Azerbaijan;

13.3.3 citizens of the Republic of Azerbaijan with dual citizenship (until their dual citizenship expires);

13.3.4 citizens of the Republic of Azerbaijan who have liabilities before foreign countries (until such liabilities are terminated).

Article 14. Incompatibility of Responsibilities

14.1. Cases of incompatibility of responsibilities shall be established by Articles 56, 85, 100 of the Constitution of the Republic of Azerbaijan and by this Code.

14.2. Pursuant to Article 56.3 of the Constitution of the Republic of Azerbaijan the following persons shall not have a right to be elected as a deputy of the Milli Majlis, President and a municipality member , due to positions they occupy:

14.2.1 military servants (while they are on military service);

14.2.2 judges (while the are in office);

14.2.3 State servants (while they are in State service);

14.2.4 Clergymen (while they are engaged in professional religious activity);

Article 15. Prohibition to Participate in Elections (Referenda) for Foreigners, Stateless Persons and Foreign Legal Entities

15.1. Taking into consideration the exceptions provided for in Article 12.2 of the Code, the stateless citizens shall not possess active or passive suffrage in the Republic of Azerbaijan.

15.2. Taking into consideration the exceptions provided for in Article 12.3 of the Code, foreign citizens shall not possess active or passive suffrage in the Republic of Azerbaijan.

15.3. Foreigners, stateless persons and foreign legal entities, their branches and representative offices (hereinafter – the foreign legal entities) can participate in nomination and registration of candidates, and in election campaigns of registered candidates during elections. This fact shall not restrict the rights of foreigners and stateless persons to freedom of opinion and free assembly.

15.4. Foreigners, stateless persons and foreign legal entities, their branches and representative offices during referendum shall 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, as well as their initiators or to take part in their activity in any form. This shall 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. Cases of Non-Participation of Citizens in Voting

16.1 The citizens, who are in airports or traveling by planes, or are in trains or railway stations, or in expeditions in the voting day, shall not participate in voting.

16.2 If no Precinct Election Commissions are established in the ships, which navigate on the voting day in accordance with Article 35.4 of this Code, the citizens being on these ships do not participate in voting.

16.3 If no Precinct Election Commissions are established according to Article 35.4 of this Code on the voting day on oil and gas production platforms (hereinafter the oil platforms) located in the Azerbaijani sector of the Caspian Sea, the citizens being on such platforms shall not participate in voting.

16.4 If neither Azerbaijani Diplomatic Representation nor Consulate is in the foreign country, or no Precinct Election Commission is established according to Article 35.6 of this Code in the Azerbaijani Diplomatic Representation or Consulate, the citizens of the Republic of Azerbaijan being in this foreign country shall not participate in voting.

16.5 No voting shall be held on the Election Day for the citizens of the Republic of Azerbaijan being in foreign countries, during elections of deputies to Milli Majlis or municipal elections.

16.6 No voting shall be held on the Election Day in the ships navigating on the election day, hospitals, sanatoriums, rest homes, oil platforms located in the Azerbaijani sector of the Caspian Sea, during elections of deputies to Milli Majlis or municipal elections.

SECTION TWO. General Provisions

CHAPTER Three. Election and Referendum Bodies

Article 17. Principles of Election (Referendum) Bodies’ Activity

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 the authority established by this Code, the election (referendum) commissions shall 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); and they and their officials be 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, in accordance with the Criminal Code or the Code of Administrative Offences.

17.4 Decisions and acts adopted by election (referendum) commissions within their authorities established by this Code shall be obligatory for state bodies, municipalities functioning within the relevant territory, candidates, registered candidates, political parties, non-governmental organizations, other public organizations, referendum campaign groups, officials and voters. Decisions of superior election commissions shall be obligatory for lower election commissions.

17.5 Within the authorities established by this Code, the election (referendum) commissions shall have the right to use the State Automated Information System with the purpose to inform the voters about the course of preparation and holding of the elections (referenda), its results, to obtain, collect, complete, re-process, transmit and preserve the information used during preparation and holding of elections (referenda), as well as to provide information about activity of election (referendum) commissions, providing that the information on voters is protected and not disseminated.

17.6 During organization and holding of elections (referenda), the election (referendum) commissions, their members and other officials should follow the requirements, when undertaking their activities as given below:

17.6.1 should organize and hold elections (referenda), based on the Law; laws should be implemented fully, equally and impartially;

17.6.2. should treat every political party, referendum campaign group, candidate, voter and other participants of election (referendum) campaign fairly and equally within law;

17.6.3. should be neutral and impartial towards a candidate, political party, referendum campaign groups and voters;

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 action 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 a voter in respect of the election issues of political nature;

17.6.12. should not bear or distribute symbols of any political party or anyhow express their attitude to any political party;

17.6.13. should not comment, based on own conclusion, on the decisions made, except for meetings of election commissions;

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

17.6.15. should 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 create conditions for collection, investigation, and regular unambiguous and clear publication of information;

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

17.6.18. should take measures for 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

Article 18. System of Election (Referendum) Commissions

18.1 System of election (referendum) commissions shall include the following commissions:

18.1.1 Central Election (Referendum) Commission of the Republic of Azerbaijan (hereinafter – the 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 shall manage the activity of election commissions.

18.3 Election commissions shall be the standing State bodies functioning in accordance with Articles 3, 83, 101 and 142 of the Constitution of the Republic of Azerbaijan (except for the Precinct Election Commissions, specified in Articles 35.4 – 35.6 of this Code).

Article 19. General Rules of Organization of Election Commissions’ Activity

19.1 Election commissions shall function collectively;

19.2 The relevant election commission shall be assembled for its first meeting not later than 5 days after appointment of members with decisive voting right.

19.3 The Chairman of an election commission (as well as the Deputy Chairperson in the Central Election Commission) and two secretaries, shall be elected through open voting in the meeting of election commission. Until the Chairperson of the election commission is selected, or if the Chairman is absent, the oldest member of the commission shall chair its first meeting. The Chairman of the election commission shall represent the political party, deputies of which are in majority in the Milli Majlis, and the Secretaries shall each represent the political parties, deputies of which are in minority in the Milli Majlis and the independent deputies.

19.4 Election commissions shall 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 shall be obliged to participate in all meetings of the commission, except for the cases when he/she is ill and other good reasons.

19.7 In order to replace a member of the election commission with decisive voting right in cases specified in Article 19.6, replacement members nominated on the same conditions, should be appointed (elected) to election commissions along with the main members.

19.8 Members of election commissions shall be informed on conduct of a meeting of the election commission by the Chairperson of the commission 5 days before the meeting, but at least 3 days prior to the conduct of the meeting. Information about the time of the election commission’s meeting shall be given to members of the commission personally in writing or by means of electronic communication facilities. The information about time of the meeting shall be delivered within 24 hours, if less than 5 days remain to the Election Day, and on the voting day - immediately and personally.

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

19.10 A meeting of election commission shall be considered valid upon attendance of two thirds of the members with decisive voting right.

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

19.12 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.

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

19.14 Decisions of election commission and minutes of its meetings shall be signed by the commission’s chairperson and secretaries. If the above persons do not sign the decisions and minutes, then they shall be signed by the commission members which voted for these documents. Minutes of meetings of an election commission shall be distributed to the commission members for approval at least 24 hours prior to the meeting (and without any delay on the Election Day) and be approved by a decision at one of the next regular meetings of the commission (this issue should be included in agendas of election commissions as the first item).

19.15 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. The special opinion should be submitted to a superior election commission within at latest 3 days, and information about the opinion should be given on the voting day or the day after without delay.

19.16 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.

19.17 The Chairman of the election commission (including the Deputy Chairman of the Central Election Commission) shall allocate positions among the secretaries and members of the commission. Decision adopted by the commission chairman with this regard, can be canceled by the election commission. Due to his position, the Chairman of the election commission shall be considered to be the head of the election commission apparatus.

Article 20. Allocation of Space in Mass Media to Election Commissions

20.1 During the period of preparation and holding of elections, the broadcasting organizations, mentioned in Article 77.2. of this Code, shall provide the Central Election Commission with not less than 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.

20.2 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.

20.3 Election commissions shall use the spaces allocated in periodicals 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, and course of election (referendum) campaign.

Article 21. Representation in Election Commissions

21.1 A registered candidate or political parties and blocks of political parties with a registered candidate 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 right 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 members with consultative voting right, nominated by the registered candidates, political parties and blocks of political parties that nominated their candidates, and referendum campaign groups.

21.4 If political parties or referendum campaign groups are merged, all other members with consultative voting right except one shall be recalled from the election commissions. If a political party or referendum campaign group does not meet this requirement, the relevant election commission exclude the member with consultative voting right to be recalled from the commission, based on its own considerations.

Article 22. Status of an Election Commission Member

22.1 Initiators of establishment of referendum campaign groups, authorized representatives, agents and observers 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, and according to the Family Code of the Republic of Azerbaijan, the 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 a court decision cannot function as a member of election commission with decisive voting right. In this case, and if this case is confirmed by the body that appoints the member of the election commission, the member of the election commission shall be replaced by a substitutive member provided for in Article 19.7 of this Code.

22.2 A member of one election commission cannot be at the same time a member of another election commission. Except for the cases indicated in Article 36.3 of this Code, a member of the election commission with decisive voting right cannot be at a State or municipal service.

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 and if this application is verified by the chairperson of the election commission;

22.3.2 when there are grounds provided for Articles 22.1 and 22.2 of this Code.

22.3.3. if he/she is a member of a political party.

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 elected members and officials of State power bodies and municipalities (except for the members of election commissions specified in Article 36.3 of this Code);

22.4.3 being deprived of citizenship of the Republic of Azerbaijan, or being a citizen of another country;

22.4.4 when accusatory court verdict comes into force;

22.4.5 when he/she is recognized by court decision that has come into force, to be incapacitated or with limited capacity, or considered missing or dead;

22.4.6 when the decision of the relevant election commission on fulfillment of his/her duties on non-regular basis or by violating provisions of Article 17.6 of this Code, is approved by the court decision;

22.4.7 when violation of requirements of the election legislation is confirmed by a resolution of the relevant court.

22.5 A member of the election commission can neither be dismissed from his/her position, nor his/her authorities be terminated by the body that appointed him/her, except for the 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 the election commission in the cases mentioned in Articles 22.3 and 22.4 of this Code, a new member shall be appointed by the body that had appointed the previous member, within at latest 30 days after the resignation day, and within 10 days during preparation and holding of elections.

22.7 Regardless of their status, the commission members shall bear liability established for officials by the Criminal Code or Code of Administrative Offences of the Republic of Azerbaijan, for violation of requirements of the present Code.

22.8 The members of election commissions with decisive voting right, specified in Article 36.3 of this Code, which preserve their municipal positions, as well as work in organizations, departments and institutions funded from the State budget, cannot without their own consent be appointed to another position or dismissed by employer’s initiative during the activity of the commission.

22.9 A member of an election commission with consultative voting right shall have the same rights as a member of election commission with decisive voting right, excluding issuance of ballots and de-registration cards 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 consultative voting right:

22.10.1 shall be 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 shall be 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 Members of election commissions with consultative voting right appointed to a relevant election commission in relation with holding of referendum can participate in activity of the election commission related only to referendum, members of election commissions with consultative voting right appointed to relevant election commissions in relation with holding of presidential elections can participate in activity of the election commissions related only to presidential elections, members of election commissions with consultative voting right appointed to relevant election commissions in relation with holding of elections of deputies to the Milli Majlis of the Republic of Azerbaijan can participate in activity of the election commissions related only to elections of deputies to the Milli Majlis of the Republic of Azerbaijan, members of election commissions with consultative voting right appointed to election commission in relation with holding of municipality elections can participate in activity 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.

Article 23. Term of Authority of Election Commissions

23.1 The term of election commissions’ authority shall be 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 territory, the Central Election Commission can dissolve this lower election commission. Complaints on decision of the Central Election Commission can be filed with 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 3 days. Not later than 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 in the order established in this Code.

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.

CHAPTER Four. The Central Election Commission

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

24.1. The Central Election Commission shall consist of 18 members.

24.2. The members of the Central Election Commission shall be elected by the Milli Majlis.

24.3. Six members of the Central Election Commission shall represent the political party nominating them, deputies of which constitute majority in the Milli Majlis. Six members of the Central Election Commission shall represent the non-partisan (independent) deputies, which nominate them, and six members shall represent the political parties nominating them, deputies of which obtained minority in the Milli Majlis. The independent deputies shall, as a rule, be represented in the Central Election Commission by independent lawyers, nominated by them, which are not on state service. Nomination of 2 candidates shall be agreed among the interested parties: 1 of the nominees be agreed with representatives of the political party constituting majority in the Milli Majlis, and the other nominee be agreed with representatives of the political party constituting minority in the Milli Majlis.

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

Article 25. Authorities of the Central Election Commission

25.1. The Central Election Commission shall ensure 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 shall carry out the following general authorities:

25.2.1. supervise the observation of people’s suffrage during preparation and holding of elections (referendum), 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. consider within own authorities the complaints related to violation of rules set forth in the Code, and make grounded decisions.

25.2.3. form Constituency Election Commissions in accordance with its composition principles.

25.2.4. manage the activity of constituency and Precinct Election Commissions;

25.2.5. work out standards for technical equipment necessary for the activity of election commissions, approve the standards and supervise their observation;

25.2.6. ensure delivery of ballot papers (referendum ballots) (hereinafter – the ballot papers), envelopes for ballot papers, protocols, de-registration cards and other election (referendum) related documents (hereinafter “election documents”) to the Constituency Election Commission;

25.2.7. ensure preparation and holding of elections (referenda), implementation of the programs related to development of the election (referendum) system, increase legal awareness of voters, conduct trainings for education of members of election commissions and provide the implementation of programs on professional qualification of the latter;

25.2.8. within the territory of election constituency create conditions for pre-election campaign of candidates, registered candidates, political parties, blocks of political parties and pre-referendum campaign of referendum campaign groups; approve the unified regulations for distribution of air time between registered candidates, political parties, blocks of political parties and referendum campaign groups, specify the rules of publication of voting and referendum results;

25.2.9. distribute funds allocated from the State budget to preparation and holding of elections (referenda), and supervise their usage for the specified purpose;

25.2.10. render legal, methodical, technical and organizational assistance to election commissions;

25.2.11. approve samples of election ballot papers, envelopes for ballot papers, voters lists, de-registration cards, voting protocols and other election documents, and ensure their preparation and protection;

25.2.12. approve rules for storage of election materials and keeping them in archives;

25.2.13. approve standards for technical supply of election commissions and supervise their observation; approve samples of seals of election commissions;

25.2.14. supervise funding of pre-election campaign;

25.2.15. provide voters with information about terms, rules of voters’ action and course of holding of elections (referendum);

25.2.16. supervise ensuring of provision of election commissions with premises, transport and communication means, and solve other logistic issues related to elections (referendum);

25.2.17. compile an integrated voters list together with relevant executive authorities and municipal bodies;

25.2.18. get information from relevant executive authorities and municipal bodies about issues related to preparation and conduct of elections;

25.2.19. ensure use of the State Automated Information System on a basis of identical rules;

25.2.20. register the observers and provide them with badges of appropriate design;

25.2.21. define own work routine, as appropriate to Articles 28.1 and 28.5 of this Code;

25.2.22. cancel illegal decisions of election commissions, apply to the relevant commission with regard to the chairmen and secretaries of the election commissions, which do not appropriately fulfill their responsibilities;

25.2.23. carry out other authorities 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. The lower commissions shall post the mentioned regulations and methodical instructions on notice boards that ensure their easy reading, in the order specified by the Central Election Commission.

Article 26. Directions of Activity of the Central Election Commission

During conduct of referendum, elections to the Milli Majlis, Presidential and Municipal elections, the Central Election Commission shall function in the following directions, in accordance with Article 25 of this Code:

26.1. The Central Election Commission shall perform the following duties during preparation and holding of referendum:

26.1.1. supervise compliance of holding of referendum in compliance with this Code;

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

26.1.3. publish overall lists of registered referendum campaign group;

26.1.4. ensure distribution air time among referendum campaign group for pre-referendum campaign on a basis of identical rules;

26.1.5. ensure supervision on spending of monetary means entered to referendum funds by referendum campaign group;

26.1.6. determine results of referendum and publishes them in press;

26.1.7. perform other authorities in accordance with this Code.

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

26.2.1. supervise holding of election to the Milli Majlis of the Republic of Azerbaijan in compliance with this Code;

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

26.2.4. ensure supervision on spending of monetary means entered to election funds of candidates (political parties) ;

26.2.5. publish the list of candidates registered in constituencies;

26.2.6. determine elected deputies among candidates registered in the election constituencies and issues them the relevant verification cards;

26.2.7. officially publish results of elections to the Milli Majlis of Azerbaijan Republic, including protocols of Precinct Election Commissions;

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

26.2.9. organize holding of repeat elections and by-elections for seats of left deputies;

26.2.10. exercise other authorities in accordance with this Code.

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

26.3.1. supervise holding of elections of the President of the Republic of Azerbaijan in compliance with this Code;

26.3.2. register candidates for Presidency, their agents, authorized representatives;

26.3.3. issue verification in established form to candidates for Presidency and their agents;

26.3.4. publish overall list of registered candidates;

26.3.5. ensure equal condition for pre-election campaign to all candidates for Presidency;

26.3.6. ensure 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. ensure distribution of air (broadcasting) time among registered candidates on a basis of identical rules;

26.3.8. ensure supervision on spending of monetary means entered to the funds of candidates for Presidency;

26.3.9. determine the results of Presidential elections;

26.3.10. issue verification to the candidate elected as the President;

26.3.11. officially publish results of Presidential elections;

26.3.12. prepare holding of repeat voting on Presidential elections

26.3.13. prepare holding of repeated Presidential elections;

26.3.14. exercise other duties in accordance with this Code;

26.4. The Central Election Commission shall perform the following duties during preparation and holding of municipality elections:

26.4.1. supervise of holding of municipality elections in compliance with this Code;

26.4.2. publish the list of candidates registered in constituencies;

26.4.3. make a decision on holding of repeat elections and by-elections on the basis of information received from the Constituency Election Commission;

26.4.4. officially publish results of elections;

26.4.5. perform other duties in accordance with this Code.

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

27.1. A member of the Central Election Commission shall receive salary from the state budget during the period of his/her authority in the commission. When retiring on a pension, the person who was the member of the Central Election Commission shall be paid 80% of the salary amount of a full member of the Central Election Commission member.

27.2. A member of the Central Election Commission of the Republic of Azerbaijan cannot be detained, arrested or be subject to criminal liability or administrative penalties as may be determined in a court procedure without the consent of the General Public Prosecutor. 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 journeys) within the country during elections (referendum) shall be paid from the funds allocated by the Central Election Commission upon presenting of the relevant documents on traveling.

Article 28. Organization of Activity of the Central Election Commission

28.1. The Central Election Commission shall adopt regulations with the purpose to determine the order for conduct of its meetings.

28.2. Decisions of the Central Election Commission shall be adopted by open vote as follows: if 12 members of the 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 or 18 members are present – by majority of at least 12 of its members.

28.3. The instructions or methodical guidelines adopted concerning the rules on implementation of this Code, should be legally examined prior to being approved by a decision of the Central Election Commission. The opinion on legal examination together with the draft shall at least 3 days prior to the voting, be presented to the Central Election Commission members.

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. Activities of the Secretariat shall be regulated by the Regulations approved by the Central Election Commission. The Central Election Commission shall determine the structure and establish the personnel of the Secretariat within the funds allocated to the Central Election Commission from the State budget. The Regulations of the Central Election Commission, the structure of its Secretariat and the personnel schedule should be published after being approved.

28.6. The Central Election Commission of the Republic of Azerbaijan shall have its own official media outlet.

28.7. The Central Election Commission of the Republic of Azerbaijan shall have its own letterheads, emblem, badges and a stamp.

CHAPTER Five. Election (Referendum) Constituencies and Constituency Election Commissions

Article 29. Formation of Election (Referendum) Constituencies

29.1. For holding of elections the Central Election Commission shall form 125 election (referendum) constituencies (hereinafter – election constituencies) every 5 years based on the information about the number of voters permanently residing and registered in the relevant territorial units provided by the municipalities and relevant executive bodies to the Central Election Commission. Election constituencies shall as a rule be 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 shall be considered the single-mandate constituencies during the elections of deputies of the Milli Majlis, and the 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 be less than the average norm of voters.

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

29.3.1. As a rule, number of voters registered on the territory of administrative-territorial units of the 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;

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

29.3.3. Determining (changing) the boundaries of election constituencies purposefully for any of the voters group to be in majority shall not be allowed.

29.4. Upon observation of requirements on formation of election constituencies indicated in Articles 29.2 and 29.3 of this Code, necessity of non-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, every 5-years within 30 days after the integrated voters list is compiled. During this period the scheme of formation of election constituencies and their graphic images can be re-approved taking into consideration the requirements provided in Articles 29.3 and 46 of this Code.

29.6. 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 on determining the boundaries of election constituencies created under the Central Election Commission and consisting of specialists. The work of such commission shall be supervised by the Deputy Chairman of the Central Election Commission Republic, and he/she be considered the chairperson of the commission, due to his/her duties. Meetings of the Commission on Determining the Boundaries of Election Constituencies shall be held not later than two months after annual update of the Integrated Voters List. The main object of the mentioned commission shall be to ensure compliance of the election commissions with Articles 29.3 and 29.7 of this Code. Only 1/3 of members of such commissions can be on state service. 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.

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

29.7.1. name and number of each election constituency;

29.7.2. 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 election constituency);

29.7.3. center of each election constituency;

29.7.4. 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 election constituency in administrative-territorial unit;

29.7.5. 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.

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

29.9. 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;

29.10. According to Article 46 of this Code, voters included on the voters list in a constituency shall also be considered as voters included on the voters list in the unified election constituency.

Article 30. Organization of Constituency Election Commissions

30.1. If election constituencies are organized immediately before elections (referendum) they should be organized at least than 90 days before voting day.

30.2. Constituency Election Commission shall consist of 9 members. Members of the Constituency Election Commission 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 candidacies of other three members be presented by the members of the Central Election Commission who represent the non-partisan deputies of the Milli Majlis. Candidates to the Constituency Election Commission can be presented by local branches of the relevant political parties to the members of the Central Election Commission representing political parties. 2 of the candidates to the Constituency Election Commission nominated by the members of the Central Election Commission who represent the non-partisan deputies in the Commission, can be agreed with the interested parties: 1 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 one with the members of the Central Election Commission who represent the political parties, deputies of which constitute minority in the Milli Majlis.

30.4. Members of election constituency shall receive an appropriate verification card from the Central Election Commission.

Article 31. Duties of Constituency Election Commissions

31.1. The Constituency Election Commission shall perform the following general duties:

31.1.1. supervise observation of suffrage of citizens of the Republic of Azerbaijan on the territory of election constituency;

31.1.2. consider within own authorities the complaints related to violation of rules set forth in the Code, and makes grounded decisions;

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

31.1.4. name the Precinct Election Commissions on the territory of election constituency and ensures numbering of precinct commissions on the base of unified rule;

31.1.5. ensure delivery of ballots, envelopes for ballot papers, protocols, de-registration cards and other election documents to Precinct Election Commissions;

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

31.1.8. inform voters about rule and term of performance of election actions in the course of elections (referenda), publishes information about the registered candidates and preliminary election (voting) results;

31.1.9. supervise provision of Precinct Election Commissions with premises, transport and communication means, fulfillment of relevant decisions made in relation with material and technical supply of elections;

31.1.10. render 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-ordinate activity of Precinct Election Commissions;

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

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

31.1.15. provide instructions to the members of precincts election commissions.

31.1.16. cancel illegal decisions of Precinct Election Commissions.

Article 32. Activity Directions of Election Commissions

During conduct of referendum, elections of deputies to the Milli Majlis, Presidential or municipal elections, the Constituency Election Commission shall function in the following directions, in accordance with Article 31 of this Code:

32.1. Constituency Election Commissions shall perform the following duties during preparation and holding of referendum:

32.1.1. register referendum campaign groups in cases stipulated by this Code;

32.1.2. determine results of vote counting in referendum constituency;

32.1.3. ensure control on spending of election funds of referendum campaign groups in referendum constituencies;

32.1.4. perform other authorities in accordance with this Code.

32.2. Constituency Election Commissions shall perform the following authorities during preparation and holding of elections of deputies of the Milli Majlis:

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

32.2.2. register candidates on single-mandate constituency, their authorized representatives and agents, and issues them verifications in the form established by the Central Election Commission;

32.2.3. ensure 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. ensure 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. determine outcomes of elections on single-mandate constituency;

32.2.6. hold repeat and by-elections;

32.2.7. perform other duties in accordance with this Code.

32.3. The Constituency Election Commissions shall undertake the following authorities with regard to preparation and conduct of the Presidential Elections:

32.3.1. provide equal conditions for pre-election campaign activities of the candidates for Presidency, within the election constituency;

32.3.2. ensure that the conditions for pre-election activities established by this Code are observed by the candidates and the registered candidates within the election constituency;

32.3.3. determine results of Presidential elections within the election constituency;

32.3.4. perform other duties in accordance with this Code.

32.4. The Constituency Election Commission shall implement the following duties during preparation and conduct of elections to municipalities:

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

32.4.2. register candidates for member of a municipality, their authorized representatives, their agents, and issues them verification cards in the form established by the Central Election Commission;

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

32.4.4. determine the voting results based on information received by Precinct Election Commissions within the constituency;

32.4.5. organize repeat elections and by-elections;

32.4.6. perform other duties in accordance with this Code.

Article 33. Guarantees for Functions of a Member of a Constituency Election Commission

33.1. The Chairman and Secretaries of a Constituency Election Commission shall be provided with salary from the State budget, during his/her term of office. The members of the Constituency Election Commission shall receive compensation from the State budget, within the period from the day of publication of the authorized state body’s decision on determination of elections (referendum) to the day of publication of the election (referendum) results, as well as during annual drafting of voters’ lists. The salary the member elected to the Constituency Election Commission receives from the place of employment, serving at the structures, enterprises, organizations or institutions funded from either the state or local budget, shall be preserved.

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 territory 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 Central Election Commission and 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 journeys) within the country during elections (referendum) shall be paid from the funds allocated by the Constituency Election Commission, upon presenting the documents on traveling.

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, verified by the Central Election Commission.

34.2. The Secretariat of the Constituency Election Commission shall build its activity on the Charter verified by the Central Election Commission.

34.3. 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 members;

- by majority of votes of at least 5 members if attended by 8 or 7 members;

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

34.4. Decisions of the Constituency Election Commission should be published within a 24 hours period and enter into force upon publishing.

CHAPTER Six. Election (Referendum) Precincts and Precinct Election Commissions

Article 35. Establishment of Election (Referendum) Precincts

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.

35.2. Election precincts shall be created by the relevant Constituency Election Commissions, agreed with the relevant executive body and municipality, taking into account necessity of creation of maximum convenience for voters and local and other conditions. If election precincts are created immediately before the elections (referendum) then they should be established at least 50 days prior to the election day. The boundaries of election precinct shall be clearly indicated in decision of the Constituency Election Commission on formation of an election precinct (if the election precinct covers a part of a settlement, then street names and apartment numbers shall be indicated).

35.3. The following requirements should be followed when creating the election precinct:

35.3.1. at most 1500 and at least 50 voters should 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 on (hospitals, sanatoriums, rest homes, oil platforms located in the Azerbaijani sector of the Caspian Sea), in the ships that navigate on the election day (if more than 50 voters are present), and in the places where voters are temporarily located (hospitals, sanatoriums, rest homes), in conformity with the rules defined by the Central Election Commission and within the period defined by Article 35.2 of this Code. 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 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. 

35.5. Military servants should vote in ordinary voting stations. Rules for transferring citizens of the Republic of Azerbaijan who are in limited military service are defined by the Central Election Commission. Voting stations can be created in the military units located outside of the settlements only in circumstances if it is needed more than 1 hour to transport military servants by means of public transport to ordinary voting stations and if the number of military servants is more than 50. In exceptional circumstances defined by the Central Election Commission voting stations can be created in the military units located outside of the settlements. In such circumstances, voting stations shall be created within the period defined by Article 35.2 of this Code, in exceptional cases, they shall be created at least 5 days prior to the voting day by the commanders of the military units in accordance with the decision of relevant Constituency Election Commission. Military servants from frontier troops and military servants located at the areas of military conflicts, as well as those serving under special regime, shall vote in election precincts created within their military units. In the election precincts formed in accordance with this Article, the conditions to access working rooms of election commission and voting rooms easily for all members of the Precinct election commission and superior election commissions, registered candidates and their representatives, authorized representatives of political parties and blocks of political parties and observers should be created in conformity with the rules defined by this Code.

35.6. Election precincts for organizing voting for voters located in foreign states and counting of these votes shall be created in the territories where these voters reside, by the heads of diplomatic representations or consulates of the Azerbaijan Republic, provided that number of voters registered with the consulate is more than 50, at least 30 days prior to the voting day. Such voting stations can only be created during referenda and Presidential elections.

35.7. A list of voting stations, stating their number and borders (if voting station occupies a part of territory of a settlement), list of settlements (if voting station covers several settlements), places of Precinct Election Commission and voting 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 not later than 2 days after the day of their establishment.

35.8. Issues on publishing of the information mentioned in Articles 35.7 and 109 of this Code in the election precincts established outside of the Republic of Azerbaijan should be managed by the heads of relevant diplomatic representations or consulates, by taking into account the local conditions.

Article 36. Formation of Precinct Election Commissions

36.1. Precinct Election Commissions, comprising 6 members, shall be formed by the relevant Constituency Election Commission.

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 candidacies of the next 2 members be presented by the members of the Constituency Election Commission who represent the non-partisan deputies of the Milli Majlis. Candidates to the Precinct 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) to the members of the Constituency Election Commission representing non-partisan deputies of the Milli Majlis. The candidates should be the citizens of the Republic of Azerbaijan, who permanently reside within territory of the relevant election constituency.

36.3. No more than 2 members of the Precinct Election Commission can be in municipal service.

36.4. If Precinct Election Commissions are created immediately before the elections (referendum), they should be organized at least 40 days before the Voting Day.

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

36.6. Each registered candidate, political party, block of political parties, initiative groups of voters shall 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. Such observers shall not be required to be registered in the order, specified in Article 40.7 of this Code.

36.7. In cases provided for in Articles 35.4 and 35.5 of the Code, in election precincts with number of voters less than 100 and more than 50, and those located in impassable places, the Precinct Election Commissions can be formed by open vote at general meetings of voters. In such case, composition of the Precinct Election Commission can be approved by the Constituency Election Commission.

Article 37. Duties of the Precinct Election Commission

37.1. The Precinct Election Commission shall perform the following duties during preparation and conduct of referendum, elections of deputies to the Milli Majlis, Presidential elections and elections to municipalities:

37.1.1. inform 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. approve and specifies the voters list; displays this list for voters information; distributes (delivers) de-registration cards to voters; examines applications about mistakes and errors on the voters list and makes relevant changes;

37.1.3. ensure that the voting place, as well as the ballot box and other equipment are ready for the voting process;

37.1.4. based on the information from a superior election commission inform the voters about the issues to be discussed by a referendum, about the registered candidates and the list of registered candidates;

37.1.5. control compliance with the rules for pre-election and pre-referendum campaigning within the territory of the election precinct;

37.1.6. issue de-registration cards for voting;

37.1.7. organize voting on the voting day at the election precinct;

37.1.8. determine the voting results for the election precinct, counts votes and delivers the protocols on voting results to the Constituency Election Commission;

37.1.9. examine complaints on violation of requirements of this Code within its powers and makes grounded decision;

37.1.10. ensure 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. perform other duties in conformity with this Code.

Article 38. Ensuring of Functioning of a Member of the Precinct Election Commission

38.1. The Chairman, Secretaries and Members of a Precinct Election Commission shall be provided with compensation from the State budget, within the period from the day of publication of the authorized state body’s decision on determination of elections (referendum) to the day of publication of the election (referendum) results, as well as during annual drafting of voters’ lists. The salary the member elected to the Precinct Election Commission receives from his/her permanent place of employment, serving at the structures, enterprises, organizations or institutions funded from either the state or local budget, shall be 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 and the Constituency Election Commission about the matter.

Article 39. Organization of the Functions of the Precinct Election Commission

39.1. The Precinct Election Commission shall build its activity on regulations for Precinct Election Commissions, verified by the Central Election Commission.

39.2. The Secretariat of the Precinct Election Commission shall build its activity on the Charter verified by the Central Election Commission.

39.3. Decisions of the Precinct Election Commission shall be made as follows, during the commission’s meeting:

- by votes cast for by at least 4 members, if attended by 6 or 5 members;

- by votes cast for by at least 3 members, if attended by 4 members.

39.4. Decision of the Precinct Election Commission should be published within at latest 12-hour period.

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

Article 40. Transparency in the Activity of the Election Commissions

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 shall have the right:

- to observe the meetings of the election commission and processes of vote counting, with purposes to become familiar with processing of ballot papers, voters lists, de-registration cards for voting, protocols on election outcomes and voting results in the Precinct and Constituency Election Commissions;

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

- to observe implementation of other election activities in election commissions.

40.3. Persons mentioned in Article 40.2 of this Code shall not be required to get any additional permission of the election commission or be registered as observers for attendance in the meetings of the relevant election commissions or for becoming familiarized with the documents mentioned above. A relevant election commission ensures their free access to the locations where election documents are being processed or votes are being counted. 

40.4. Citizens of the Republic of Azerbaijan having the active suffrage, including the foreign citizens mentioned in Article 44 of this Code can act as observers.

40.5. The observer can carry out the observation based on own initiative or initiative of a registered candidate, political party, block of political parties, referendum campaign group or a non-governmental organization that functions in the field of elections.

40.6. Application for observation within the whole territory the Republic of Azerbaijan can be presented to the Central Election Commission starting from the day of announcing the elections till the period of 10 days prior to elections. Surname, name, patronymic, place of residence, serial and batch number of ID Card of the observer, and if necessary the name of the candidate interests of which are to be represented, or the name of the referendum campaign group, names and legal addresses of the non-governmental organization, political party (or block of political parties) shall be indicated. Two photos shall be attached to the application. The decisions on each application should be made within 3 days from the date it is submitted. Observation can be rejected only if the information provided in the application is not confirmed. If conduct of observation is not permitted by the Central Election Commission, complaint regarding this decision of the Central Election Commission can be filed with the Court of Appeal. In case the observation is allowed, the observer shall be provided with a badge prepared corresponding to rules established by the Central Election Commission.

40.7. Application for observation within territory of an election constituency can be presented to the relevant Constituency Election Commission starting from the day of announcing the elections till the period of 5 days prior to elections. Surname, name, patronymic, place of residence, serial and batch number of ID Card of the person intending to observer, and if necessary the name of the referendum campaign group, names and legal addresses of the non-governmental organization, political party (or block of political parties) shall be indicated. Two photos shall be attached to the application. The deadline for making decisions on each application shall be not more than 2 days from the date the application is submitted. Observation can be rejected only if the information provided in the application is not confirmed. If conduct of observation is not permitted by the Constituency Election Commission, complaint regarding this decision of the Constituency Election Commission can be filed with the Central Election Commission. In case the observation is allowed, the Constituency Election Commission shall provide the observer with a badge prepared corresponding to rules established by the Central Election Commission.

40.8. Representatives of mass media shall have the right to participate at meetings of election commissions in regard with elections documents and vote counting process.

40.9. The relevant election commission shall inform 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 and the observers entitled to be present at commission meetings about the time of processing the election documents and meetings of election commission, in accordance with the rules considered by Article 20.1 of this Code.

40.10. Representatives of the interested parties shall have the right to be present in the meetings, while elections commission are investigating the officially submitted complaints.

40.11. The election commissions shall inform the citizens about:

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

- results of registration;

- list of candidates;

- other information received by the election commission about them;

- results of voting regarding the referendum issue or candidates.

40.12. The persons mentioned in Article 40.2 of this Code, as well as observers, including international observers, representatives of the mass media can observe implementation of election actions, determination of voting results and election (referendum) returns, completion of protocols of voting results and election (referendum) outcomes, as well as count and recount of votes in all election commissions.

40.13. Only the observers who have obtained specific permission by being registered with the Central Election Commission in accordance with the rules defined by the Central Election Commission for getting the following rights, shall have the right to observe the meeting of the election commission up to the voting day. This right should be indicated on the badge provided by the Central Election Commission. Such observers shall be identified by the Central Election Commission by means of lottery, providing that each of the subjects provided for in Article 40.5 of this Code has one observer with such rights (separately for each election commission), and that the number of such observers for each commission does not prevail 10. No specific permission shall be required to observe a meeting of an election commission on the voting day.

40.14. Unimpeded access of all election commission members, persons mentioned in Article 40.2 of this Code and observers to voting rooms of any of the electoral precincts, including those established in military units, hospitals, sanatoriums, rest homes and oil platforms located in the Caspian Sea, should be ensured.

40.15. All the authorized persons in the voting station, as well as the members of the Precinct Election Commission, the persons specified in Article 40.2 of this Code and mass media representatives should have a badge of specific form defined by the Central Election Commission, that shows surname, name, patronymic, position and picture of the person and allows to determine status of that person.

40.16. An observer should have a badge, indicating his/her surname, name, patronymic, address, election commission (commissions) 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 shall be valid only if it is supported by an identification card or other substitute document. Advance information about observer’s visit is not required.

40.17. 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.

Article 41. Principles of Observation

41.1. Observation should be based on the following principles:

41.1.1. the election process should not be influenced for interests of any candidate or political party;

41.1.2. all circumstances and facts regarding the activities to be observed should be taken into consideration;

41.1.3. it should be open;

41.1.4. results of the observation shall be based on facts;

41.2. The principles listed above should be indicated on the reverse side of the observer’s badge.

Article 42. Observers’ Rights and Duties

42.1. International and domestic observers shall have the same rights and undertake the same duties.

42.2. Observers, including international observers shall have the following rights, along with those indicated in Articles 40.12 and 40.13 of this Code:

42.2.1. to become familiar with voters lists;

42.2.2. to be present in the voting room of the relevant election precinct at any time;

42.2.3. to observe the issuance of ballot papers and envelopes for ballot papers to voters on the voting day;

42.2.4. to observe voting outside of voting stations;

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

42.2.6. to require the observation results to be included into the protocol of the election commission;

42.2.7. to look through the envelopes for ballot papers, marked and unmarked ballot papers, in order to check the vote’s validity, during the vote count in a condition ensuring observation of vote count and from certain distance; to become familiar with the election commission’s protocol on voting results and election (referendum) returns and with other documents;

42.2.8. 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;

42.2.9. 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 verified copy free of charge and then photocopy and obtain other copies of documents of election commissions, as well as protocols on voting results and election (referendum) returns, documents and attached documents prepared by election commissions after the fee defined by the Central Election Commission is paid (the election commission should verify copies of the above mentioned documents at the request of an observer); to become familiar with the list of participated voters.

42.2.10. to observe during the recount of votes in the relevant election commissions.

42.2.11. to observe transfer of election documents to the Constituency Election Commission and the Central Election Commission.

42.3 The observer shall be prohibited:

42.3.1. to issue ballot papers and envelopes for ballot papers to voters;

42.3.2. to ask voter on how he/she will or did vote;

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

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

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

42.3.6. to obstruct the work of an election commission;

42.3.7. to conduct election campaign among the voters;

42.3.8. make actions or calls directed to supporting any candidate or political party or issue put on for referendum, or make actions or calls that can be understood as support of candidate or political party;

42.3.9. to intervene in making decisions by the relevant election commissions;

42.3.10. to respond to questions of voters (except for questions concerning his/her status).

42.4. registration of the observer who does not comply with the requirements specified in Article 42.3 of this Code can be cancelled by a relevant court upon application of the election commission that has registered him/her.

42.5. In case the observers submit their opinion on observation results to the Chairperson of the Central, Constituency or Precinct Election Commission, the opinion shall be enclosed to the protocol on either voting results or election outcomes.

Article 43. Representatives of the Mass Media

43.1. Representatives of the mass media can cover meetings and become familiar with protocols on voting results and election (referendum) outcomes and with decisions of all elections commissions; as well as make or obtain free of charge one copy of the relevant election commission’s decisions, protocol and documents attached to them, and can purchase the additional copies after the fee defined by the Central Election Commission is paid.

43.2. Upon request of the representatives of mass media, the copies of decisions of an election commission, protocols on voting results and election outcomes should be verified by the election commission.

Article 44. International (Foreign) Observers

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. Citizens of the Republic of Azerbaijan cannot obtain the status of an international observer.

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. The non-government organizations, which have reputation in the field of protection of human and citizens’ rights and freedom can also submit to deputies of the Milli Majlis, Central Election Commission or relevant executive authority their proposals on inviting the international observers.

44.4. The international observer shall submit the documents specified in Article 40.7 of this Code, for obtaining registration. The Central Election Commission shall issue the international observer with a specific verification card – badge, designed in the state language or one of foreign languages in accordance with the documents submitted by him/her. Only this card allows the international observer to function in accordance with Articles 40-42 of this Code during preparation and conduct of elections.

44.5. The term of authority of the international observer shall commence from the time he/she is registered by the Central Election Commission, and finish on the day the general results of the elections are officially published.

44.6. The international observer shall function independently and freely, his/her activity being financed by the organization assigned him/her, or from his/her personal funds.

44.7. The international observer shall be 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 shall be obliged to render necessary assistance to him/her.

44.8. The international observers can conduct press conferences dedicated to the election legislation, preparation and conduct of elections , and make statements to the mass media after the Election Day.

44.9 The international observers shall have the right to meet with voters, candidates, registered candidates, members of election commissions. 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.

CHAPTER Eight. Voters (Citizens Who Have the Right to Participate in Referendum) Lists

Article 45. Integrated Voters (Citizens Who Have the Right to Participate in Referendum) List

45.1. The Integrated Voters (Citizens Who Have the Right to Participate in Referendum) hereinafter – the voters list) List shall be kept by the Central Election Commission.

45.2. Information on updating of the voters list shall annually be provided to the Central Election Commission by Precinct Election Commissions through Constituency Election Commissions , in accordance with Article 46.12 of this Code.

45.3. The Integrated Voters List shall be kept on election precincts, election constituencies and entirely the Republic of Azerbaijan, and include the information specified in Article 46.9 of this Code.

45.4. Data from the voters lists approved by Precinct Election Commissions formed in the order specified in Article 35.8 of this Code shall not be included in the Integrated Voters List. Such data shall be presented by the Central Election Commission in the manner it defines, and be integrated in a temporary voters list. Temporary voters lists shall be enclosed to the Integrated Voters List.

Article 46. Compilation of Voters Lists

46.1. The permanent voters list for a precinct shall be approved by the Precinct Election Commission in conformity with the format defined by the Central Election Commission until 30^th of May of each year and be specified at least 35 days prior to the Election Day. After this period and until the Voting Day (including the Voting Day), the voter can be included in the voters list only upon the court decision (in this case, the court decision shall be attached to the voters list). Voting cards of the voters who vote with voting cards, shall be attached to the voters lists, in accordance with Article 101 of this Code. Any additions and amendments to voters list on the voting day cannot be made. Voters lists cannot be published in the press.

46.2. The document verifiying inclusion of a voter in the voters list is the Voter’s Card. Voter’s name, surname, patronymic, date of birth, place of residence, name of the election constituency he/she is registered in and number and address of the election precinct shall be described in the Voter’s Card. A sample of the Voter’s Card shall be verified by the Central Election Commission and distributed (delivered) to voters by Precinct Election Commissions in the manner identified by the Central Election Commisson.  Upon request, the relevant election commission shall inform any citizen about his/her inclusion or not inclusion in the voters lists.

46.3. 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 45.4 of the Code shall be drafted separately, at the level of the relevant election commission.

46.4. Permanent voters lists shall include information on voters who have active suffrage provided by heads of the relevant executive authority bodies and municipalities, commanders of military units. Temporary voters lists shall include information on voters with active suffrage provided by heads of consulates or diplomatic representatives, as well as by heads of the enterprises where voters are temporarily located.

46.5. Voters lists of the precincts established in distant and difficult to access districts shall be  specified by the Precinct Election Commissions 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.

46.6. 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 shall be 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.

46.7. Voters lists for the precincts where voters are temporarily located (hospitals, sanatoriums, rest homes) and ships that are sailing on the election day shall be approved at least 5 days prior to the election day 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 and checked by the Precinct Election Commission.

46.8. Voters lists for electoral precincts created outside of the Republic of Azerbaijan shall be 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.

46.9. If no election precincts are created in military units, the commander of the military unit and 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.

46.10. Voters lists shall be 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 shall contain the voter’s name, surname, patronymic, year of birth (for those who are 18 years old – date and month of birth), permanent address (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.

46.11. 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.

46.12. The first copy of the preliminary voters list prepared for the precinct shall be preserved by the Precinct Election Commission, and a relevant act be  made on this. The second copy shall be transferred to the Constituency Election Commission not later than 5^th of February of each year, but at least 25 days prior to the election day. Preliminary voters lists for the constituency shall be drafted in two copies not later than 5^th of March of each year, signed by the chairperson and secretaries of the Constituency Election Commission and verified with the stamp of the election commission, and submitted to the Central Election Commission until 5^th of April annually. If the Central Election Commission finds discrepancies in the voters lists, they shall be corrected and then be approved by Precinct and Constituency Election Commissions until 25^th of May. The voters list for the Republic of Azerbaijan shall be drafted by the Central Election Commission by means of the State Automated Information System.

46.13. Voters lists for the election precincts created in conformity with Articles 35.5 and 35.6 of this Code shall be signed by the chairperson and secretaries of the Precinct Election Commission and verified by the stamp of the commission.

46.14. Precinct Election Commissions, after they specify voters lists, shall 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 shall also make investigation on the basis of relevant documents submitted by the officials, municipalities, state civilian registration offices and bodies which register citizens’ addresses and place of residence.

46.15. The head of the executive body who provides information on voters, shall bear responsibility defined by the legislation for the accuracy, completeness and timely provision of the relevant information.

Article 47. Rules for Citizens’ Inclusion In and Exclusion from Voters List

47.1. All citizens who have active suffrage, shall be included in the voters lists.

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

47.3. Military servants who reside outside of the military unit shall be 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 confirmed by order of the commander of a military unit on inclusion of persons in the military staff who are in military service. 

47.4. 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 shall be the fact that a person is residing outside of the Republic of Azerbaijan permanently 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.

47.5. Voters who are in hospitals, sanatoriums, rest homes shall be 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 the aforementioned places in accordance with Article 35.4 of this Code, then such voters shall be included in the 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.

47.6. 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.

47.7. 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.

47.8. Citizens of the Republic of Azerbaijan, who have active suffrage and who are in foreign countries, shall be included in the voters list on the basis of their international passport or substitute document, when they come to the voting station.

47.9. Voters who reside within the territory of the electoral precinct and who have not been included in the voters list for any reason, shall be included in the voters list by the Precinct Election Commission on the basis of their ID or other substitute document, after the voters cards are distributed and voters lists are 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.

47.10. A voter can be included in the voters list for one precinct only. Shall the election commission reveal that a voter has been registered in more than one precinct, the commission has to 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 under the Code of Administrative Offences of the Republic of Azerbaijan.

47.11. After voters lists are approved, a voter shall be excluded from the voters list on the basis of official documents as well as on a voting card issued to the voter in conformity with Article 101 of this Code, and then be informed about it in writing. In such circumstances, date and reason for exclusion of voter from the voters list should be recorded in the voters list. This fact shall be verified by signatures of the 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 48. Public Display of Voters Lists

48.1. The Precinct Election Commission shall submit the voters lists for public display and for additional verification by informing the voters at least 65 days prior to the election day and creates relevant conditions for that. The voters lists should be displayed on notice boards, outside of the voting room, in a convenient place for voters to see and to have access to it. In this case, numbers of the citizens’ apartments and houses should be indicated.

48.2. A citizen of the Republic of Azerbaijan who has suffrage can advise that he/she is not included in the voters list, about mistakes and errors related to him/her or other persons he/she has found in the voters list. The Precinct Election Commission should check the submitted application and documents regarding the voter’s information, correct the mistake or error, investigate the reasons for the mistake or error, or should provide the voter with a written document containing the reason for rejection of voter’s application within one day from the date of application, and on the election day – immediately, but before the voting is terminated.

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

Article 49. Conditions for Participation of Political Parties (Block of Political Parties) in Elections (Referendum Campaign)

49.1 Political party (block of political parties) which participate in elections (referendum campaign) should follow the following conditions, along with provisions of Article 2.6 of this Code:

49.1.1 to respect right of other political parties (blocks of political parties) to freely and independently express their 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  not to prevent other political parties (blocks of political parties) from establishing free communication with voters;

49.1.4 to provide the voters who intend to participate in political activities with guaranties for free conduct of those activities;

Article 50. Block of Political Parties

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 shall be 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 shall sign a joint decision on establishment of the block.

50.2 An authorized representative of the block of political parties shall submit 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;

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