Approved by Decision
#3/08
dated on June 21, 2003 of
the Central Election Commission
of the Republic of Azerbaijan
R E G U L
A T I O N
by the Central
Election Commission of the Republic of Azerbaijan
1.Common provisions
1.1. The regulation defines rules for conduct
of sessions of the Central Election Commission
of the Republic of Azerbaijan (hereafter referred
to as Central Election Commission) pursuant
to Article 28.1 of the Election Code of the
Republic of Azerbaijan.
1.2. Sessions of the Central Election Commission
shall be organized and conducted pursuant to
this regulation.
1.3. Members of the Central Election Commission
propose issues specified by the Election Code
of the Republic of Azerbaijan for consideration
in the session and adopt relevant decisions
within their authority.
2. Common rules
for conduct of sessions of the Central Election
Commission
2.1. Sessions of the Central Election Commission
shall be convened by the chairperson of the
Central Election Commission or upon the request
of at least 1/3 of commissioners.
Such a request must be in conformity with written
report addressed to the chairperson of the Central
Election Commission.
2.2. Chairperson of the Central Election Commission
shall chair sessions.
2.3. Heads of structures, experts, representatives
of mass media, as well as other invited persons
can participate in the sessions of the Central
Election Commission.
Substitute members of the Commission can observe
the session of the Central Election Commission.
3. Conditions
for conduct of sessions of the Central Election
Commission
3.1. In the sessions of the Central Election
Commission reporters shall be delivered 10 minutes,
for additional report 5 minutes, for the discussion
of issues 5 minutes, for the discussion of different
document drafts 5 minutes, for references, statements
and explanations 3 minutes.
3.2. Chairperson of the Central Election Commission
can extend the period stated above for the discussion
of the point of the matter according to the
suggestions of commissioners.
3.3. Sessions of the Central Election Commission
shall be conducted in the Azerbaijani language.
4. Preparation
of sessions of the Central Election Commission
1. Members of the Commission shall be informed
of sessions of the Central Election Commission
by the chairperson of the Commission 5 days
before, but at least within 3 days prior to
the conduct of the session. Information on the
date of the session of the Central Election
Commission shall be delivered to the commissioners
personally in written form and via electron
communication means.
Information on the date of session shall be
delivered within 24 hours if it is later than
5 days prior to the voting, but on the day of
voting immediately and personally.
4.2. Session of the Central Election Commission
is considered valid when 10 members participate.
4.3. As a rule, secretaries of the Central Election
Commission report on the issues under discussion
in the session.
Chairperson of the Central Election Commission
can appoint reporter among commissioners.
A reporter collects necessary documents and
materials, takes necessary measures for comprehensive,
full and fair consideration of issues, and prepares
reports on the issue.
4.4. General Department of the Secretariat of
the Central Election Commission registers commissioners
up to commence of sessions of the Central Election
Commission, informs them of additional information
and reports on this to chairperson of the Central
Election Commission.
5. Delay and
putting off session of the Central Election
Commission
5.1. Person who chairs the procedure of the
session can declare a pause. If to end issues
included in the agenda is not possible during
one working day, then a pause is declared and
date of conduct of the session is informed.
5.2. Session of the Central Election Commission
can be delayed or put off in the following cases:
- If the number of members of the Central Election
Commission is not enough;
- if participation of interested persons, experts
and other persons in comprehensive, full and
fair consideration of the issue is not possible;
- if documents and materials based on session
have not been submitted to members of the Central
Election Commission during period defined by
law;
- in the cases that prevent comprehensive, full
and fair investigation of issues under discussion
in the session of the Central Election Commission
- 5.3. If the number of members who participate
in the session of the Central Election Commission
is less than that noted by Article 19.10 of
the Election Code of the Republic of Azerbaijan,
then the session is delayed and following session
is convened to discuss the necessary issue (within
the period less than 6 days prior to the election
day and at least within 3 hours on the voting
day). During the following session if the number
of participating members is less than 2/3, then
third session is convened (within the period
less than 6 days prior to election day and at
least within 3 hours on the voting day). If
at least 2/3 of members do not participate in
the third session, then the number of members
who participate for validness of the session
of the Central Election Commission is decreased
half-and-half.
- 5.4. If 3 times approval of decisions in the
case specified by item 8.5 of the Regulation
by voting in latest time specified by the Election
Code of the Republic of Azerbaijan during discussion
in the Central Election Commission and preventing
divergence of opinions are not possible, then
vote majority necessary for the approval of
the decision shall be replaced with simple majority.
6. Rules for conduct of sessions of the Central
Election Commission
- 6.1.Person who chairs sessions of the Central
Election Commission
- - declares the session open and reports to
members of the Central Election Commission on
issues included in the agenda and elucidates
appendices to the agenda;
- put to the votes issues included in the agenda,
organizes their discussion;
- provides the members of the Central Election
Commission with chance to make speech , as well
as other invited persons on condition to wait
their turn;
- ensures of making speech of the members of
the Central Election Commission and other invited
persons by observing the Regulation.
6.2. Person who chairs session demands the reporter
or the person who makes speech to speak about
the main point of the issue under discussion
if he/she goes beyond from the subject included
in the agenda.
6.3. Person who chairs session can interrupt
the speech when reporter or the person who makes
speech goes beyond from the Regulation.
6.4. Person who chairs session declares end
of the session after the discussion of the issues
included in the agenda of the Central Election
Commission.
7. Actions
(behavior) of Commissioners in session
7.1. Commissioners can require the followings;
- to be informed of the conduct of session in
advance;
- to be aware of the issues on the agenda of
session;
- to get necessary information by Secretariat
of the Central Election Commission
- to be aware of the drafts of normative documents
- to make reports and speech based on the Regulation,
to participate in discussions;
7.2. Commissioners shall observe the followings:
- to participate in all sessions of the Central
Election Commission excluding cases of illness
and other valid reasons;
- to function according to working division
appointed by the chairperson of the Central
Election Commission;
-to participate in the reports regarding the
issues under discussion in session
-to abide to provisions of the Regulation;
- to use the time delivered for speech efficiently;
-to observe the ethic norms.
7.3.The commissioner
investigates the documents authorized to him/her
comprehensively and provides General Department
of the Secretariat with the reference compiled
on the results in the case defined by legislation.
7.4. A commissioner’s behavior like not observing
the ethic rules, efforts to disorder the session,
leaving the meeting hall to show his/her objection
shall be prohibited during the session. Such
behavior are regarded violation of rules and
the authority appointing the commissioner is
informed for taking a measure.
8. Rules for voting and approval of
decisions in the sessions of the Central Election
Commission
8.1. The Central Election Commission approves
decisions on the issues within its authority
pursuant to legislation.
In the case of considering the issue under discussion
the members of the Central Election Commission
listen to the principal reporter as well as
the subsidiary reporters and make discussions
about the draft.
8.2. Draft of the document adopted as a basis
by the members of the Central Election Commission
is discussed wholly or on different articles,
amendments are made to the draft and the draft
is put to vote wholly if necessary.
8.3. During voting, only the members of the
Central Election Commission can make amendments
to the document draft.
8.4. A member of the Central Election Commission
shall vote with one vote only and personally.
8.5. Decisions of the Central Election Commission
shall be approved- if 10 members participate
in the meting of the Central Election Commission,
by vote majority of at least 7 persons; if 11
or 12 persons participate- by vote majority
of at least 8 persons; if 13 persons participate-by
vote majority of at least 9 persons; if 14 or
15 persons participate-by vote majority of 10
persons.
8.6. Decisions of the Central Election Commission
shall be approved by open voting.
8.7. Decisions of the Central Election Commission
enter into force since the day of their publication.
9. Adoption
of decisions and approval of minutes of sessions
of the Central Election Commission
9.1.Consequence of the issue put to vote in
the session of the Central Election Commission
shall be declared by the chairperson of the
Commission and this issue is included in the
minutes of the session.
9.2. Chairperson and secretaries of the Commission
sign decisions and minutes of the session of
the Central Election Commission. If the stated
persons do not sign decisions and minutes, then
commissioners voted for this document sign them.
Minutes of sessions of the Central Election
Commission shall be issued to commissioners
to be approved within 24 hours prior to the
session (without delay on the voting day) and
shall be approved by the decision in one of
the following sessions of the Commission (this
issue is included in the agenda of the session
as the first issue).
9.3. Commissioners who do not agree with the
approved decision of the Central Election Commission
can express their opinion in the written form
and the opinion shall be included in the minutes
of the session.
9.4. Minutes of the Central Election Commission
on the results of Presidential elections of
the Republic of Azerbaijan shall be approved
at latest within 7 days since the voting day.
9.5. Minutes of the Central Election Commission
on the results of referendum shall be approved
at latest within 18 days since the voting day.
10. Final
provisions
10.1. Suggestions on making amendments and appendices
to the Regulation shall be considered in the
session of the Central Election Commission.
10.2. Appendices and amendments to the Regulation
shall be approved by Decision of the Central
Election Commission.