Approved
by Decision 17/103
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 Precinct Election Commission of the Republic
of Azerbaijan
1. Common provisions
1.1. The Regulation is approved in accordance
with Article 39.1 of the Election Code of the
Republic of Azerbaijan and defines the rules
for the conduct of sessions of the Precinct
Election Commission in the Republic of Azerbaijan
(hereafter referred to as PEC) in the Republic
of Azerbaijan.
1.2. Sessions of the PEC shall be organized
and conducted in accordance with this Regulation.
1.3. The PEC 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 PECs
2.1. Sessions of PECs shall be called on the
initiative of the chairman of the PECs 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 PEC.
2.2. Chairman of the PEC chairs the sessions
of the PEC.
2.3. Substitute members, representatives of
the invited mass media and other persons can
participate in the session of the PEC.
2.4. Chairman of the PEC conducts working division
among commissioners.
3. Terms for the
conduct of sessions of PECs
3.1. It is delivered 5 min. for reports and
3 min. for additional reports, 5 min. for the
discussion of issues, 3 min. for the discussion
of different document drafts, 2 min. for references,
appeals and explanations in the session of the
PEC.
3.2. Chairman of the PEC 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
PEC in accordance with the written appeal addressed
to the chairman of the commission with the request
of 1/3 the PEC commissioners.
3.4. Sessions and minutes of sessions of the
PEC shall be conducted in the national language
of the Republic of Azerbaijan.
4. Preparation of
the PEC sessions
4.1. Commissioners shall be made aware of the
session of the PEC 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 PEC is considered valid
when at least 4 commissioners participate.
4.3. As a rule, commission secretaries report
on the issues considered in sessions of the
PEC.
Chairman of the PEC 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 PEC
5.1. A person who chairs the procedure of the
session of the PEC 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
PEC can be postponed or put off for another
time:
- if the number of the PEC 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 PEC 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 PEC 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 PEC decisions is
not possible three times in the case specified
by item # 8.6 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 PEC
6.1. The person who chairs sessions of the PEC:
- 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 and puts them in the vote;
- 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
PEC commissioners in the session
7.1. The PEC 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 from
the PEC Secretariat;
- 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 PEC excluding
the cases of illness and other valid causes;
- function according to the working division
of the chairman of the PEC;
- observe provisions of this Regulation;
- use effectively the time allocated for them
to make speech;
- observe ethic norms.
7.3. The PEC commissioner investigates the service
documents authorized to him/her comprehensively
and returns the compiled report on the results
to the PEC in the case defined by the legislation;
7.4. During the session, not observance of ethic
norms by the PEC 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 Constituency Election
Commission is informed for taking measures.
8. Rules for the
adoption of decisions and voting in sessions
of the PEC
8.1. The PEC adopts decisions on issues based
on its authorities by legislation.
While considering decision draft, the PEC Commissioners
listen to the main and additional reporters
and make discussions on the draft.
8.2. Decision draft adopted as a basis by the
PEC 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 PEC commissioners
can make amendments to the decision draft.
8.4. In the voting, the PEC commissioner votes
personally by one vote.
8.5. The PEC decisions are adopted by vote majority
of 3 members when 4 or 5 members participate,
by 4 members when 6 members participate.
8.6. The PEC decisions shall be published within
12 hours and enters into force since the publication.
9. Making the PEC
decisions minutes of session formal
9.1. Consequence of the issue put in vote in
the PEC session shall be declared by the PEC
chairman and this is included in the minutes
of session.
9.2. The PEC 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 PEC 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 PEC can express their opinion in the
written form and this opinion shall be attached
to the minutes of session.
10. Final
provisions
10.1. Proposals on making amendments and appendices
to the PEC Regulation shall be considered in
the session of the Central Election Commission
10.2. Amendments and appendices to the regulation
shall be made by Decision of the Central Election
Commission.