Approved by Decision
# 4/26
of Central Election Commission
of the Republic of Azerbaijan
dated on June 27, 2003
INSTRUCTION
on participation of stateless
persons with permanent residence in the Azerbaijan
Republic in Presidential Elections of the Republic
of Azerbaijan
Each citizen of the
Republic of Azerbaijan who has attained the
age of 18 years old in the presidential election
day (including the election day) has the right
to participate in the presidential elections
with the exception of cases considered by the
Article 56 of the Constitution of the Republic
of Azerbaijan and Article 14 of the Election
Code of the Republic of Azerbaijan.
However, the stateless persons meeting the above
mentioned requirements and permanently residing
in the Republic of Azerbaijan for not less than
5 years shall have the right to vote during
Presidential elections.
But stateless persons residing in the Republic
of Azerbaijan for less than 5 years shall not
have active and passive suffrage and they shall
not have the right to vote in the Presidential
Elections.
The identification document of the stateless
person permanently residing in the Republic
of Azerbaijan for not less than 5 years is the
identification card issued to the stateless
person who has attained the age of 16 years
old in conformity with the “Regulation on special
documents of foreigners and stateless persons
permanently residing in the Republic of Azerbaijan”
approved by the Law of the Republic of Azerbaijan
dated to December 30, 1997.
The ground for the inclusion of the stateless
person permanently residing in the Republic
of Azerbaijan for not less than 5 years in the
voters’ list of the polling station is the fact
of permanent residing of the same person within
the territory of the relevant polling station
(residing at least within 6 months of 12 months
before the date of announcement of elections
within the territory of polling station) determined
by the body performing his/her residence registration.
The Ministry of Internal Affairs of the Republic
of Azerbaijan delivers the list of stateless
persons permanently residing in the Republic
of Azerbaijan for not less than 5 years (indicating
the place of residence) to the relevant constituency
election commission at least 50 days prior to
election day. Constituency election commissions
ensure the delivery of those lists to the precinct
election commissions at least 35 days prior
to election day.
Stateless persons permanently residing in the
Republic of Azerbaijan for less than 5 years
shall have the right to observe the Presidential
election, to participate in pre-election campaign,
and to participate in other election actions
considered in the Election Code of the Republic
of Azerbaijan in accordance with the same rules
as for citizens of the Republic of Azerbaijan.
As a rule participation of Stateless persons
permanently residing in the Republic of Azerbaijan
for less than 5 years in Presidential elections
is controlled by the article 104 of the Election
Code of the Republic of Azerbaijan.
Stateless persons shall have no right to support
the candidates through making endowments to
their election fond on voluntary basis or rendering
services.
Foreigners, stateless persons, foreign legal
entities shall have no right to assist or hinder
the nomination of candidates, their registration,
election of the registered candidates. This
does not restrict the freedom of foreigners
and stateless persons for picketing and assembly.
Foreigners and stateless persons, foreign legal
entities, which fail to follow these requirements,
shall be subject to liability in accordance
with Law.