Approved by Decision 21/137
dated on August 8, 2003 of the
Central Election Commission
of the Republic of Azerbaijan

I N S T R U C T I O N
on rules for the application of some provisions of the Election Code of the Republic of Azerbaijan related to the pre-election campaign during the Presidential Elections of the Republic of Azerbaijan and providing candidates registered to participate in elections, political parties and blocs of political parties whose candidates have been registered with air time in TV and radio channels and publication of pre-election campaign materials in periodicals

1. Common provisions
1.1. The Instruction has been prepared in accordance with the requirements of Election Code of the Republic of Azerbaijan (hereafter referred to as Election Code) and Law of the Republic of Azerbaijan “On mass media” and it regulates rules and terms for the usage of state and private mass media in the conduct of pre-election campaign.
1.2. The following concepts are used in the Instruction:
Pre-election campaign via mass media – preparation and dissemination of the information via mass media in the form defined by the legislation in order to campaign among voters to vote for or against any candidate;
Types of pre-election campaign – speeches, interviews, press conferences, live broadcast, debuts, round tables, political advertisements, TV essays and video films on the candidate (excluding feature films);
Speech - personally address of the candidate to presidency to the voters with the explanation of pre-election campaign program (monologue);
Interview – replies of the authorized representative of the candidate to presidency, political parties, blocs of political parties to the given questions in meetings with representatives of state and non-state mass media;
Press conference – explanation of pre-election campaign program of the candidate by the authorized representative of the candidate to presidency, political parties, blocs of political parties and other persons specified by the law before the representatives of mass media including the replies to questions;
Live broadcast – replies of the authorized representative of the candidate to presidency, political parties, blocs of political parties to questions of TV and radio audience via live broadcast;
Debut – open views exchange on the problems with public importance and included in the pre-election programs of two and more candidates to presidency, political parties, blocs of political parties;
Round table – interview and views exchange among the candidate to presidency, candidates of political parties, blocs of political parties and representatives of mass media, TV and radio audience and readers within the framework of pre-election campaign measures;
Political advertisement – dissemination of the information on candidates to presidency using methods and means that differ advertisement materials from other information kinds and janres (its striking, brief, repeated, emotional effect being strong from logical effect) in order to form public opinion of participants of the election process for or against any candidate;
Information program – TV program reflecting the information on current events and news broadcasted periodically by TV companies;
State TV and Radio Company – TV and radio company established by state authority of the republic of Azerbaijan;
Municipal TV and Radio company - ;
State TV and Radio Company – TV and radio company established by state authority of the republic of Azerbaijan;
Municipal TV and Radio company – TV and radio company which one of the founders (co-founders) is local self-government body;
Periodical press publications – press publications established by state authority of the Republic of Azerbaijan which one of the founders (co-founders) is local self-government body or state institution, office or organization, wholly or partially financed by the relevant budget fund;
Municipal periodical press publications – one of the founders (co-founders) is local self-government body or municipal institution, office or organization, wholly or partially financed by the relevant budget fund.
1.3. The following persons shall have the right to conduct pre-election campaign during the Presidential Elections of the republic of Azerbaijan:
1.3.1. registered candidates and their agents to participate in the Presidential Elections. Authorized representatives of registered candidates, political parties, blocs of political parties whose candidates have been registered (within the authority given to them).
1.3.2. political parties and blocs of political parties whose candidates have been registered to participate in the Presidential Elections.
1.4. The following methods of the conduct of pre-election campaign have been defined:
1.4.1. the conduct of pre-election campaign via mass media;
1.4.2. conduct of the campaign by mass measures (assemblies and meetings with citizens, mass discussions, conversations and so on.).
1.4.3. election legislation also defines that mass media can conduct the campaign in the forms of open discussions, round tables, press conferences, interviews, speeches, political advertisements, TV and radio broadcasting, video films and in other forms not prohibited by the law.
1.5. Election Code (Articles: 74.4, 90.2.) prohibit the following persons to conduct pre-election campaign and disseminate any material of pre-election campaign:
1.5.1. foreign states and foreign legal entities;
1.5.2. overseas citizens;
1.5.3. stateless persons (in this case the requirement of Article 12.2 must be considered);
1.5.4. citizens not aged 18 still;
1.5.5. persons engaged in state bodies, offices, organizations who use their duties and service privileges while implementing their duties or service obligations, state or municipal servants, military servants;
1.5.6. election commissions and members with decisive rights to vote and other officials of election commissions.
1.5.7. The Press Group of journalists formed under the Central Election Commission implements the control on the observance of the rules for pre-election campaign.
1.6. Measures based on pre-election campaign shall be prohibited by Article 75 of the Election Code on the voting day and the previous day.
1.6.1. According to the requirement of the legislation, pre-election campaign begins on August 16, 2003, 60 days prior to the voting day and ends on October 14, 2003 at 8.00 within 24 hours prior to the beginning of the voting (Article 75.2).
1.6.2. According to the requirement of the Election Code (Article 76), mass media must state organizations that conducted opinion survey, their date of conduct, questions stated concretely, number of participants of the survey while publishing the results of the opinion survey. Publication of information on the election results, results of opinion survey 24 hours prior to the voting day.

2. Rules for providing with airtime in channels of TV and Radio Companies.

2.1. If the founders of TV and Radio editorial organizations are state bodies, organizations, offices or if they are financed by state budget, then these TV and radio broadcasting organizations shall offer the same facilities for registered candidates to presidency, political parties and blocs of political parties to campaign pre-election programs on the amount of the funding allocated by state bodies.
2.2. TV and radio broadcasting companies whose programs are broadcasted in less part than half of the territory of the Republic of Azerbaijan, as well as whose founders are financed by state bodies, organizations, offices or the state budget, the relevant sections of TV and radio companies whose programs are broadcasted in much part or half of the territory of the Republic of Azerbaijan can offer to the registered candidate to presidency necessary facilities to conduct pre-election campaign in the relevant administrative territory. In this case, list of TV and radio broadcasting organizations shall be published by the relevant Constituency Election Commissions (Con.ECs)at latest within 50 days after the official publication of the decision on the determination of elections.
2.3. TV and radio broadcasting organizations whose founders are state bodies, organizations, offices, as well as TV and radio companies whose founders are not state bodies, offices and organizations shall have the right to provide registered candidates, political parties and blocs of political parties whose candidates have been registered with paid airtime on the ground of the contract.
In this case, the amount and terms shall be the same for registered candidates, political parties and blocs of political parties.
2.4. Relevant TV and radio broadcasting organizations shall publish information on the amount of the payment besides the notification on providing registered candidates, political parties and blocs of political parties whose candidates have been registered, the Central Election Commission of the Republic of Azerbaijan (hereafter referred to as the Central Election Commission) with airtime at latest 50 days after the official publication of the decision on the determination of elections.
2.5. Private TV and radio broadcasting organizations should not be made to participate in election campaign, as well as in providence with airtime for pre-election campaign.
2.6. According to the registered candidates, political parties and blocs of political parties, TV and radio broadcasting organizations shall report to the relevant election commission that realizes destination on the destinations of the payment for airtime allocated in the form by the Central Election Commission at least 5 days prior to the voting day and at earliest 5 days after the voting day.
2.7. Registered candidates, political parties and blocs of political parties shall submit documents approving the agreement to pay for airtime according to the inquiry of the relevant election commission.
2.8. Candidates to presidency shall have the right to get airtime free of charge in channels of TV and radio broadcast organizations whose founders are state bodies, organizations, offices and whose programs are broadcasted in half or much of the territory of the Republic of Azerbaijan in order to conduct unpaid pre-election campaign.
2.9. Unpaid airtime provided by TV and radio broadcasting organizations shall be divided equally among candidates registered by the Central Election Commission, political parties and blocs of political parties according to the applications of registered candidates to presidency within a week after the commence of pre-election campaign (60 days prior to the voting day).
2.10. Time and date of broadcast of pre-election materials are defined by the lottery conducted by participation of the representatives of the relevant election commission and TV and Radio broadcasting organizations.
Information of the Central Election Commission on the place and date of the lottery is published officially.
Commissioners of the Central Election Commission, registered candidates and their authorized representatives or agents, agents of political parties and blocs of political parties, i.e. persons specified by Articles 40.2 and 40.4 shall have the right to participate in the lottery. Tabulation sheet of airtime approved by the Central Election Commission and compiled by the lottery commission is a basis for the providence of candidates to presidency with unpaid airtime.
The lottery commission for the organization of the lottery and compiling tabulation for airtime is established in the composition of commissioners of the Central Election Commission, three persons.
The lottery commission shall report to candidates to presidency, authorized representatives of political parties and blocs of political parties that nominated candidates on the place, date and time of the lottery at least 24 hours prior to the lottery.
On the declared day, time and place, the lottery commission conducts lottery among candidates to presidency or with their request, authorized representatives of political parties and blocs of political parties by participation of representatives relevant TV and Radio companies. List for the lottery is prepared from four-cornered sheets that are at the same size and amount not differing from each other according to the number of candidates to presidency. These sheets are numbered, folded in four places and mixed in the box. Then, each of candidates to presidency or with their request, their authorized representatives, as well as authorized representatives of political parties and blocs of political parties takes a fold from the box by turns and declares the written number. A tabulation sheet is compiled according to the results of the lottery.
This sheet is approved by the Central Election Commission not later than August 31, 2003.
Results of the lottery is formalized by the protocol. As a result of the lottery, airtime division is published in periodicals specified by Article 77.2 of the Election Code.
Total volume of unpaid airtime for pre-election campaign provided by TV and radio broadcasting organizations specified by Article77.2 of the Election Code shall not be less than 3 hours in a week. But the total number of unpaid airtime for pre-election campaign provided by TV and radio broadcasting organizations specified by Article 77.3 of the Election Code shall not be less than an hour 30 min. in a week, if general duration of the programs of these organizations is less than 2 hours in a day, the stated airtime shall not be less than ¼ part of the total volume of the broadcast.
2.11. Pre-election campaign begins in channels of TV and radio broadcasting organizations whose founders are state bodies, organizations, offices and private TV and radio broadcasting organizations according to the contract signed with TV and radio broadcasting organizations.
TV and radio broadcasting organizations whose founders are state bodies, organizations, offices must preserve supplementary airtime in reserve to conduct paid pre-election campaign. Payment and terms for all registered candidates, political parties, blocs of political parties shall be the same and the relevant information on this shall be published at latest 50 days after the day of official publication of the decision on determination of elections.
2.12. Total volume of the airtime in reserve that is to be submitted to the paid usage by TV and radio broadcasting organization stated by Article 2.11 of this Instruction shall not be less than 3 hours and more than 6 hours.
2.13. Paid usage norm of the airtime preserved in reserve for each candidate to presidency, political parties and blocs of political parties shall be defined by the division of the total volume of this time to the number of registered candidates.
2.14. TV and radio broadcasting organizations begin airtime stated by Article 2.11 of this Instruction 60 days prior to the voting day and finish it 24 hours prior to the commence of the voting.
2.15. Date and time of broadcast of pre-election campaign materials shall be defined by TV and radio broadcasting organizations according to the relevant notifications of registered candidates to presidency, authorized representatives of political parties and blocs of political parties as a result of the lottery by their participation. Airtime shall be provided according to the contract signed after the lottery.
The lottery is conducted in the case defined by this Instruction.
2.16. After the lottery, if the usage if airtime is rejected, the relevant TV and radio broadcasting organization must be made aware of this 2 days prior to the broadcast. Pre-election campaign uses unrestricted airtime on its opinion excluding the usage for own purposes.
2.17. Providence of registered candidates to presidency, political parties and blocs of political parties with airtime by TV and radio broadcasting organizations and its payment shall be implemented by the same principles and terms. The amount for the payment and terms shall be the same for all participants. TV and radio companies that do not observe this rule are not allowed to provide with airtime.
2.18. The contract on providing with paid airtime should contain the following:
1) form of pre-election campaign;
2) date and time the broadcast;
3) duration of the given airtime, its payment and value of it.
2.19. During TV and radio broadcasts an act on the usage of airtime shall be signed after implementing terms of the contract by indicating form and terms for the participation of the announcer journalist, broadcast programs, date of the broadcast.
2.20. Registered candidates, political parties and blocs of political parties shall submit the payment request on the transference of the funding to pay the airtime to the relevant bank in the whole value at latest 48 hours prior to the providence of airtime. The bank shall transfer the funding without any delay. Term of the payment not in cash should not exceed 2 banking days.
2.21. Payment for the airtime should be implemented on the account of the election fund of registered candidates, political parties and blocs of political parties.
2.22. During the usage of the paid airtime, if the terms defined by the Election Code are violated by registered candidates, political parties and blocs of political parties, then TV and radio broadcasting organizations appeal to the court for annulling the treaty on the providence with airtime.
2.23. While annulling the treaty, TV and radio broadcasting organizations are not allowed to use unrestricted airtime for pre-election campaign.
2.24. To stop pre-election campaign materials of registered candidates, political parties and blocs of political parties by advertisements of services and works or other broadcasting.
2.25. If pre-election campaign materials of registered candidates, political parties and blocs of political parties are broadcasted in channels of TV and radio broadcasting organizations whose founders are state bodies, organizations, offices or they are financed by the state budget, to stop broadcasting by these TV and radio organizations shall be prohibited to broadcast by other TV and radio broadcast.
2.26. As a rule, information on the conduct of pre-election campaign measures of registered candidates, political parties and blocs of political parties should be delivered at the beginning of the programs without any comments of the information in TV and radio programs. Registered candidates, political parties and blocs of political parties do not pay payment for the airtime for such information.
2.27. TV and radio broadcasts on pre-election campaign are audio and videotape recorded and the relevant TV and radio broadcasting organizations within 12 months after their broadcast preserve this recording. TV and radio broadcasting organizations shall preserve report documents on the broadcast of the paid and unpaid airtime within 5 years after the voting. Not observance these terms causes liability implied by the law.

3. Rules and terms for the publication of pre-election campaign materials in periodicals
3.1. Candidates to presidency shall have the right to get space for the unpaid publication in periodicals whose founders are state bodies, organizations and offices or are financed by the state budget and issued at least once in a week for the unpaid campaign.
3.2. According to the applications of registered candidates on the usage of unpaid periodical pages, the lottery is conducted among them 60 days prior to the voting day in the case specified by this Instruction.
3.3. Periodical editorials implied by Article 3.1. of this Instruction allocate relevant pages in periodicals for unpaid publication.
3.4. Weekly volume of the unpaid publication space allocated for registered candidates by each of the periodical editorials should contain 10 % of the total volume of weekly periodical pages during the period defined by Article 75 of the Election Code.
3.5. During this period a periodical editorial declares the total volume of unpaid pages provided by periodicals for pre-election campaign at latest 50 days after the official publication of the decision on the determination of elections.
The above-mentioned periodical editorials shall allocate periodical pages at the equal volume for registered candidates.
3.6. Volume division of the space in unpaid periodical pages of editorials whose founders are state bodies, organizations, offices and whose programs are broadcasted in less part of the territory of the Republic of Azerbaijan or editorials whose programs are broadcasted in less part of the territory of the Republic of Azerbaijan should be defined by the division of this volume to the total number of
registered candidates to presidency with the right to publish pre-election campaign free of charge.
3.7. Date of unpaid publication of pre-election campaign materials of registered candidates shall be defined by the lottery conducted in periodical editorials by the participation of interested persons. The lottery is conducted 60 days prior to the elections. Commissioners of the Central Election Commission, registered candidates and their authorized representatives, or their agents, as well as observers can participate in the lottery. Results of the lottery are formalized by the protocol.
3.8. Expenses for registered candidates by periodical editorials is paid on the account of financing by the state budget to periodical editorials.
3.9. Periodical editorials whose founders are state bodies, organizations and offices and that are financed by the state budget shall allocate the space in their pages for registered candidates for the pre-election campaign.
3.10. Principles, terms and amount of the payment for the space allocated in periodical pages shall be the same for all candidates and shall be published by periodical editorials at latest 50 days after the official publication of the decision on the determination of elections. Total volume of the space allocated for paid publication in periodical pages should be less than 10 % of the total volume of weekly periodical pages.
3.11. Registered candidates to presidency can get the space defined by the division of the total volume of the space allocated in periodical pages to the total number of registered candidates for reserve instead of the relevant payment.
3.12. Other terms for the conduct of paid pre-election campaign via periodicals shall be implemented by the relevant items of Article 84 of the Election Code.
3.13. After the lottery if the registered candidate refuses from the space allocated in periodical pages, then he shall report on this to the relevant periodical editorial. In this case, periodical editorial is not allowed to use unrestricted space for pre-election campaign.
3.14. Not any editorial comment can be conveyed without agreement with candidates while publishing pre-election campaign materials.
3.15. If periodicals founded by the legislative, executive and juridical authorities serve to the aim of publishing official materials, normative and other acts of these founders, then their editorials are not allowed to publish pre-election campaign materials and other materials.
3.16. If periodicals are founded by registered candidates, then their requirements on the allocation of the space in periodical pages do not refer to these periodical editorials.

4.Terms for the conduct of pre-election campaign via mass measures
4.1. State bodies and municipal authorities shall assist the registered candidates, political parties and blocs of political parties to organize and conduct meetings, open discussions with citizens.
4.2. Relevant executive bodies shall consider the applications of authorized representatives and agents of registered candidates to presidency, political parties and blocs of political parties on the allocation of space to hold meetings with voters.
4.3. With the request of election commissions, useful space for the conduct of pre-election campaign (apartment, room) shall be given to unpaid utilization by proprietors for the meetings of authorized representatives and agents of registered candidates to presidency, political parties and blocs of political parties with voters during the period agreed by the Central Election Commission. If the indicated space (room, apartment) has been given to one of the registered candidates, political parties and blocs of political parties, then the proprietor is not allowed to refuse from giving this space (room, apartment) to another registered candidate, political parties and blocs of political parties under the same usage terms.
4.4. The Central Election Commission offers the same facilities for registered candidates, political parties and blocs of political parties to conduct mass pre-election measures.
4.5. Apartments and equipments included in the reyesters of the state that are cultural objects can not be used for the campaign.
4.6. Conduct of pre-election campaign in the territory of military units, organizations and offices shall be prohibited.
4.7. Authorized representatives and agents of registered candidates to presidency, political parties and blocs of political parties can organize meetings with voters on military service outside the borders of the territory of the military unit by inviting or informing all political parties and blocs of political parties whose candidates have been registered at least 3 days prior to the day of determination of such a meeting together with heads of military units and heads of Constituency Election Commissions (Con.Ecs).
4.8. Relevant executive bodies ensure security and public political tranquility according to the legislation while conducting pre-election mass measures.

5. Publication, audiovisual and issue and dissemination terms of other pre-election campaign materials
5.1. Registered candidates to presidency, political parties and blocs of political parties whose candidates have been registered shall have the right to publication, audiovisual and issue of other pre-election campaign materials in the case defined by the law.
5.2. Until the day of the publication of the decision on the determination of elections, advertisement service organizations whose founders (co-founders) are state bodies, organization, offices shall offer the same facilities for registered candidates, political parties and blocs of political parties to locate pre-election campaign materials on the account of the funding allocated by municipal authorities.
5.3. Pre-election publication and audiovisual campaign materials should contain the name of organizations that prepare these materials and offer their preparation, circulation and date of issue of materials.
5.4. Registered candidates to presidency, political parties and blocs of political parties shall provide the Central election Commission with full information or their copies on the published pre-election campaign materials. Besides the above-mentioned information, the information on the addresses of the organizations that offered these materials and that prepared them should also be submitted to the Central Election Commission.
5.5. Pre-election campaign materials shall be prohibited to be prepared and disseminated without indicating the information on the circulation and date of issue of the materials and the name of the organization that prepared and offered the preparation of these materials.
5.6. Relevant executive bodies and municipal authorities shall define spaces for location of pre-election campaign materials in posters in the territory of each polling station at least 30 days prior to the voting day with the request of the Con.EC. Such places should be useful for voters to come and should be so defined that it would be easy to read the information there.
5.7. Pre-election campaign materials can be located in rooms, apartments, other objects only by the agreement of the proprietors and owners of these objects (by hanging, fixing and so on).
5.8. Pre-election campaign materials can not be located in historical and cultural apartments included in the relevant reyesters of the state, installations and rooms, as well as in rooms of election commissions, information posters for location of the information on candidates, rules for the completion of ballot papers in voting rooms and in the corridors of election commission apartments.

6. Preventing fraud in pre-election campaign
6.1. According to the Criminal Code, Administrative Fraud Code and civil Code of the Republic of Azerbaijan, pre-election programs, assemblies, campaign materials disseminated in mass media and speeches should not contain the challenges for
gaining power by force, overthrow constitutional system, break the territorial integrity of the state and conclusions offending civil honor and dignity.
6.2. According to the Criminal Code of the republic of Azerbaijan, abuse from mass media causing social, racial, religious disgust and hostility while conducting pre-election campaign.
6.3. Voters corruption in pre-election campaign shall be prohibited by the following methods:
6.4. Excluding implementation of organizational works, providing voters with money, presents and other valuable things (excluding other campaign materials possessing emblems and nominal value);
6.5. Restrictions defined by the relevant items of Article 88 of the Election Code of the Republic of Azerbaijan.
6.6. If TV and radio programs and periodical editorials of TV and radio broadcasting organizations specified by Articles 77.1 and 77.4 of the Election Code do not provide the registered candidate with chance to protect his/her dignity and honor and refute non-objective information during election campaign till the end of pre-election campaign by participating in the election campaign, then the dissemination of false information offending candidates` dignity and honor shall not be allowed.
6.7. Not providing registered candidates to presidency with the condition of protection of their dignity and honor in TV and radio programs and periodicals of the above-mentioned TV and radio broadcasting organizations until the end of pre-election campaign can be a basis for the liability of periodical editorials and their officials in the case defined by the legislation.