Approved
by Decision 17/102
dated on July 21, 2003
of the Central Election Commission
of the Republic of Azerbaijan
R E G U L A T I O N
by the Constituency Election Commission of the
Republic of Azerbaijan
1. Common provisions
1.1. The Regulation is approved in accordance
with Article 34.1 of the Election Code of the
Republic of Azerbaijan and defines the rules
for the conduct of sessions of the Constituency
Election Commission in the Republic of Azerbaijan
(hereafter referred to as Con.EC) in the Republic
of Azerbaijan.
1.2. Sessions of the Con.EC shall be organized
and conducted in accordance with this Regulation.
1.3. The Con.EC puts the issues defined by the
Election Code of the Central Election Commission
of the Republic of Azerbaijan into discussion
of the session within its authorities discusses
them and adopts relevant decisions.
2. General rules
for sessions of Con.ECs
2.1. Sessions of Con.ECs shall be called on
the initiative of the chairman of the Con.ECs
or with the request of at least 1/3 of commissioners.
Such a request shall be on the basis of the
written appeal addressed to the chairman of
the Con.EC.
2.2. Chairman of the Con.EC chairs the sessions
of the Con.EC.
2.3. Substitute members, representatives of
the invited mass media and other persons can
participate in the session of the Con.EC
2.4. Chairman of the Con.EC conducts working
division among commissioners.
3. Terms for the
conduct of sessions of Con.ECs
3.1. It is delivered 10 min. for reports and
5 min. for additional reports, 5 min. for the
discussion of issues, 5 min. for the discussion
of different document drafts, 2 min. for references,
appeals and explanations in the session of the
Con.EC.
3.2. Chairman of the Con.EC can extend the period
for the discussion of issues on their essence.
3.3. Any issue related to elections should be
included in the agenda of the session of the
Con.EC in accordance with the written appeal
addressed to the chairman of the commission
with the request of 1/3 the Con.EC commissioners.
3.4. Sessions and minutes of sessions of the
Con.EC shall be conducted in the national language
of the Republic of Azerbaijan.
4. Preparation of
the Con.EC sessions
4.1. Commissioners shall be made aware of the
session of the Con.EC by the chairman of the
commission 5 days before the conduct of the
session, but at least 3 days prior to its conduct.
Information on the date of the session should
be conveyed personally to the commissioners
in the written form or electron communication
means.
If there are less than 5 days prior to the voting,
then the information on the date of the session
should be delivered within 24 hours and on the
voting day immediately and personally.
4.2. The session of the Con.EC is considered
valid when at least 6 commissioners participate.
4.3. As a rule, commission secretaries report
on the issues considered in sessions of the
Con.EC.
Chairman of the Con.EC can appoint a reporter
from commissioners.
The reporter collects necessary documents and
materials, takes necessary measures for the
comprehensive, full and neutral consideration
of the issue, prepares a report on the issue.
5. Postponement
and putting off for another time of the session
of the Con.EC
5.1. A person who chairs the procedure of the
session of the Con.EC can proclaim a break.
If to consider the issues included in the agenda
during one working day is not possible, then
a break is proclaimed in the session and it
is informed on the date of continuation of the
session.
5.2. In the following cases the session of the
Con.EC can be postponed or put off for another
time:
- if the number of the Con.EC commissioners
is not sufficient;
- if to ensure the participation of the interested
persons, experts or other persons in the comprehensive,
full and neutral consideration of the issue
is not possible;
- if documents and materials based on the issues
under discussion of the session is not submitted
to the Con.EC during the defined period, or
if they are delayed;
- if there are cases hindering the comprehensive,
full and neutral consideration of the issues
under discussion of the session.
5.3. If the number of the Con.EC commissioners
is less than that of specified by Article 19.10
of the Election Code of the Republic of Azerbaijan,
then the session is postponed and a session
is called for the discussion of necessary issues
(within the period less than 6 days prior to
the Election Day and within at least 3 hours
on the voting day). If the number of participating
commissioners is less than 2/3 again, then the
third session is called within the less period
than 6 days prior to the Election Day and within
at least 3 hours on the voting day. If at least
2/3 of members do not participate in the third
session, then he number of participating members
is reduced to 2/3 to consider the session valid.
5.4. If the approval of the Con.EC decisions
is not possible three times in the case specified
by item # 8.5 of this Regulation during their
discussion in deadline period implied by the
Election Code of the Republic of Azerbaijan
and preventing view diversion is not possible,
then necessary vote majority is substituted
by simple vote majority for the adoption of
the decision.
6. Rules for the
conduct of sessions of the Con.EC
6.1. The person who chairs sessions of the Con.EC:
- declares open the session and reports to commissioners
on the issues under discussion in the agenda,
elucidates if there are any appendixes to the
agenda;
- arranges the discussion of the issues in the
agenda of the session;
- gives floor to commissioners and invited persons
in turns;
- ensures the observance of this Regulation
by commissioners and invited persons for the
speech.
6.2. If a reporter or commissioner making speech
goes beyond the issues in the agenda during
the speech, then the person who chairs the session
shall require him/her to speak on the essence
of the issue.
6.3. If a reporter or a member making speech
does not observe this Regulation, then the person
who chairs can stop the speech.
6.4. When the discussion of the issues in the
agenda of the session ends, the person who chairs
the session can declare the finish of the session.
7. Actions of the
Con.EC commissioners in the session
7.1. The Con.EC commissioners can require the
following:
- be informed of the conduct of the session
in advance;
- be aware with the issues in the agenda of
the session;
- get necessary references and reports;
- be aware with drafts of normative documents;
- making speeches and reports in accordance
with this Regulation, participation in discussions.
7.2. Commissioners shall observe the following:
- participate in all sessions of the Con.EC
excluding the cases of illness and other valid
causes;
- function according to the working division
of the chairman of the Con.EC;
- observe provisions of this Regulation;
- use effectively the time allocated for them
to make speech;
- observe ethic norms.
7.3. The Con.EC commissioner investigates the
service documents authorized to him/her comprehensively
and returns the compiled report on the results
to the Con.EC in the case defined by the legislation;
7.4. During the session, not observance of ethic
norms by the Con.EC commissioners, their efforts
to boycott the session, leave the meeting hall
as a sign of objection and other actions like
that shall be prohibited. Such actions are considered
as law violation and the Central Election Commission
is informed for taking measures.
8. Rules for the
adoption of decisions in sessions of the Con.EC
8.1. The Con.EC adopts decisions on issues based
on its authorities by legislation.
While considering decision draft, the Con.EC
Commissioners listen to the main and additional
reporters and make discussions on the draft.
8.2. Decision draft adopted as a basis by the
Con.EC commissioners is discussed wholly and
on separate articles, if necessary amendments
are made to the draft and it is put into vote.
8.3. During the voting only the Con.EC commissioners
can make amendments to the decision draft.
8.4. In the voting, the Con.EC commissioner
votes personally by one vote.
8.5. The Con.EC decisions are adopted by vote
majority of 6 members when 9 members participate,
by 5 members when 8 or 7 members participate,
4 members when 6 members participate.
8.6. The Con.EC decisions shall be published
within 24 hours and enters into force since
the publication.
9. Making the Con.EC
decisions formal
9.1. Consequence of the issue put in vote in
the Con.EC session shall be declared by the
Con.EC chairman and this is included in the
minutes of session.
9.2. The Con.EC decisions and minutes of session
shall be signed by the chairman and secretaries
of the commission.
If the above-mentioned persons do not sign the
decision or minutes, then the commissioners
voted for these documents sign them.
Minutes of the Con.EC sessions shall be divided
among commissioners at least 24 hours prior
to the session (without any delay on the Election
Day) and approved by the decision in one of
the following sessions of the commission (this
issue shall be included in the agenda of the
session as a matter of primary importance).
9.3. Commissioners who are against the decision
of the Con.EC can express their opinion in the
written form and this opinion shall be attached
to the minutes of session.
10. Final
provisions
Proposals on making amendments and appendices
to the Con.EC Regulation shall be considered
in the session of the Central Election Commission
and the relevant decision shall be adopted.