Approved by the Decision
# 3/18
dated on June 21, 2003 of the Central Election
Commission
of the Republic of Azerbaijan
INSTRUCTION
On rule of nomination of candidates on presidential
election
of the Republic of Azerbaijan by political
parties and blocs of political parties
I. Participation of political parties
and blocs of political parties in
elections
Basis of participation
of political parties and blocs of political
parties in the presidential elections of Republic
of Azerbaijan, rules on nomination and registration
of candidates are regulated by Articles # 49-59,
180-181 and 188 of Election Code of the Republic
of Azerbaijan
Political parties and blocs of political parties
can nominate their candidates to presidency
after the official publishing of decision on
the declaration of elections.
According to Article # 54 and 180 of Election
Code candidates to presidency can be nominated
freely by political parties or by bloc that
was established by more than one party.
II. Rules on
nomination of candidates to presidency by political
party.
If political party
nominates the candidate to presidency, in this
case the decision is adopted according to the
charter of party. The decision is adopted by
collegial voting. The decision of political
party on nomination of candidate is made formal
by protocol. The followings shall be indicated
in the protocol:
- according to the charters of all political
parties, number of registered representatives
for the participation in session (congress,
conference, other session of head body) of head
body;
- speeches on discussion of nomination of candidate
to presidency;
- results (number of agreed not agreed or neutral)
of voting for the decision on nomination of
candidate to presidency;
- date of receiving decision on nomination of
candidate to presidency.
In case political
party does not nominate a candidate from its
members, a non-party member can be nominated.
Every party can nominate
only one candidate.
III. Provided documents on nomination
to the Central Election Commission from political
party.
A competent representative
of political party shall provide the Central
Election Commission with the following documents
on nomination of political party to presidency.
- the affirmed copy of certificate in notary
method on registration of political party;
- the affirmed copy of valid charter in notary
method of political party;
- decision of congress (conference, meeting
of head body) of political party on nomination
of candidate in accordance with request of charter;
- the corresponding protocol of session (congress,
conference, session of head body) of political
party on nomination of candidate;
- formal power of attorneys of competent representative
of political party in notary method;
- assent application on nomination of candidate;
- assent letter of competent representatives.
Candidate to presidency
shall show the followings (the copy of application
is approved by the Central Election Commission),
including the requirements on candidates to
presidency of Article # 100 of Constitution
of the Republic of Azerbaijan in assent application:
- surname, name, patronymic;
- date of birth;
- residence address;
- citizenship (if has foreign country citizenship,
the name of the state);
- education;
- main work or service place, as well as occupation
(if is invalid, kind of activity);
- with his/her will, political party membership;
- If was sentenced and did not serve, corresponding
name and number of Article of Criminal Code
of Republic of Azerbaijan;
- name of Article of foreign country, if had
action required a sentence in foreign country
and if it required a criminal case in accordance
with the Criminal Code of the Republic of Azerbaijan
and had authorized resolution raised by court;
- information about having or not having obligations
before other states;
- obligation on putting an end to activity that
will not agree with position if elected a president
IV. Bloc of
political party, name and emblem
At least two parties
can form a bloc of political party. If political
party is in bloc, cannot participate as an independent
party while election or cannot join another
bloc. Decision on joining blocs of political
parties is accepted in accordance with charter
of all political parties that will join. After
corresponding decision is made competent representatives
of political parties sign an agreement together
on establishing a bloc.
Political party in the bloc of political parties
can refuse to participate in elections 85 days
prior to voting day, can participate as an independent
party or can join bloc of another political
parties.
Political party in the bloc of political parties
can refuse to participate in elections in this
bloc of political parties by the decision of
corresponding authority of the political party
by appealing to the Central Election Commission
10 days prior to voting day.
Bloc of political parties appoints its competent
representatives in accordance with the Election
Code.
Bloc of political parties shall be registered
in the Central Election Commission. So, the
bloc to be registered the competent representative
of the bloc of political parties provide the
Central Election Commission with the following
documents:
- approved copies of charter of political parties
in notary method included in bloc;
- decisions of political parties to enter the
bloc;
- signed and approved decision by the seal of
the party of competent representative of political
parties on establishing bloc.
The Central Election
Commission shall make a decision on making or
not making registration at least 5 days after
the blocs of political parties provide corresponding
documents.
The Central Election Commission can refuse to
register the bloc of political parties if the
documents shown above are not made formal correctly,
are not completed or are not agreeable with
the requirements of the Election Code.
Bloc of political parties can also provide the
Central Election Commission with its emblem
for approval. Bloc of political parties can
provide any emblem except the registered emblem
of any political party in it or the emblems
that are used by the political parties or bloc
of political parties now or in previous elections
(Considering Article # 51.2 of Election Code).
Symbols of political parties shall not interfere
with intellectual property rights and the commodity
symbol rights, and also state symbols of Republic
of Azerbaijan and other countries, religious
symbols and universally accepted behavioral
norms. Bloc of political parties shall agree
with the Central Election Commission on not
to use more than 5 words in its name, as well
as to use emblem in election documents. If the
bloc is named after the name or surname of a
person, then the person has to have a written
application on agreement to it. Name of the
bloc of political parties shall not be named
after the name of the party that is not in it.
Bloc of political parties can also provide the
Central Election Commission with its own emblem.
The emblem cannot be the same as the emblems
of the political parties that are in the bloc,
other political parties or other bloc of political
parties. Symbols of political parties shall
not interfere with intellectual property rights
and the commodity symbol rights, and also state
symbols of Republic of Azerbaijan and other
countries, religious symbols and universally
accepted behavioral norms.
Changing the name and the emblem of the bloc
of political parties while election process
is not permitted.
V. Rules on nominating candidate to
presidency by bloc of political parties
Every political party
in the bloc approves the candidate who is nominated
to presidency by the bloc of political parties.
Decision on nominating candidate by bloc of
political parties is adopted in the session
(congress, conference, session of head body)
of representatives of political parties. The
competent representatives of political parties
are determined in the congress (conference,
session of head body) of parties. Decision on
nomination of candidate by the bloc of political
parties is made formal by a protocol. The following
shall be indicated:
- number of participants registered to participate
in the session (congress, conference) of the
head body in accordance with the charter of
each political party;
- number of participant required on adopting
a decision determined according to agreement
on establishing a bloc of political parties;
- decision on nominating a candidate to presidency;
- results (number of agreed not agreed or neutral)
of voting about decision on nominating a candidate
to presidency;
- date of adoption of decision on nominating
a candidate by bloc of political parties to
presidency;
- appointment of the competent representative.
Every bloc of political
parties can practice the right to nominate the
person who is not the member of the parties
in the bloc. Bloc of political parties has a
right to participate freely in all turn-rounds
of voting process and voting activity.
VI. Documents
that bloc of political parties provide the Central
Election Commission with on nomination candidate
to presidency
Competent representative
of bloc of political parties shall provide the
Central Election Commission with the following
documents to on nominating candidate of bloc
to presidency:
- corresponding protocols of sessions together
with the decisions on nominating candidate of
the congress (conference, sessions of head bodies)
of the political parties in bloc;
- corresponding protocol of sessions together
with the decisions on nominating candidate of
the session (congress, conference) of representatives
of political parties in bloc in the name of
bloc of political parties;
- warrants that have been made formal in notary
method of competent representative of bloc of
political parties;
- agreement application of candidate (application
shall match the application of candidate nominated
by political parties).
The Central Election Commission shall consider
the document provided by the political parties
or the competent representative of bloc of political
parties within 5 days, adopt a grounded decision
on approving or not approving the candidate
and inform the competent representative about
it. The Central Election Commission cannot refuse
to admit the documents.
Basis for refusing to register the candidate
can only be with not making formal the documents
indicated in the Article # 54.1- 54.7 of the
Election Code properly or break of rules on
nominating candidate indicated in the Election
Code. If errors and violations in corresponding
documents can be eliminated by amendments of
political party or competent representative
of bloc of political parties, the Central Election
Commission informs the candidate about it within
5 days, and approves the nomination of candidate
after inserting corresponding amendments.
N o t e: The Central Election
Commission shall be provided with the list including
the surname, name, patronymic, date of birth,
serial, number and given date of ID card or
the document that substitutes it, address of
residence, main work place and position (if
invalid- kind of activity), phone number of
each competent representative of bloc of political
parties or political parties. In the list the
written letter on agreement of each person on
being a competent representative shall be attached.
