Approved by Decision # 32/265
dated on September 23, 2003
of the Central Election Commission
of the Republic of Azerbaijan

REGULATION

by the Central Election Commission of the Republic of Azerbaijan

1. Common provisions

1. The Central Election Commission of the Republic of Azerbaijan (hereafter referred to as the Central Election Commission) is the permanent state body that ensures the preparation and conduct of Referenda, elections to the Milli Majlis and Presidential Elections of the Republic of Azerbaijan, as well as municipal elections pursuant to Articles 3, 83, 101 and 142 of the Constitution of the Republic of Azerbaijan.
1.1. In its collegial activity the Central Election Commission adopts the Constitution, the Election Code and other laws, as well as normative-legal acts of the Republic of Azerbaijan as a basis.
1.2. Commissioners of the Central Election Commission shall be elected by the Milli Majlis of the Republic of Azerbaijan.
1.3. The Central Election Commission consists of 15 members.
6 members of the Central Election Commission represent political parties that present nominations of deputies elected on single multi-mandate constituencies constitute majority in the Milli Majlis, 3 members represent political parties that preent nominations of deputies elected on single multi-mandate constituencies constitute minority in the Milli Majlis, 3 members represent deputies who represent political parties not represented in the Milli Majlis as a result of elections on single-mandate constituencies or elected independently and nominate them (hereafter referred to as deputies elected on single-mandate constituencies) and 3 members represent 4 political parties that participate in elections on single multi-mandate constituencies, present their nomination, not represented in the Milli Majlis and gained most of the votes during elections on single multi-mandate constituencies.
1.4. Commissioners of the Central Election Commission must be high educated.
1.5. The Central Election Commission does not depend on state authorities, municipalities, political parties, non-governmental organizations and other public organizations, other legal and physical entities in the preparation and conduct of elections (referenda) within their authorities defined by the Election Code; they shall be prohibited to interfere in their activity or the activity of their officials. Persons who interfere or influenced the work of election (referenda) commissions shall be exposed to administrative or criminal liability pursuant to the Criminal Code and Administrative Fraud Code of the Republic of Azerbaijan.
1.6. The Central Election Commission and has got special account in the bank, emblem, stamp containing the words “Central Election Commission of the Republic of Azerbaijan” and description of the national emblem, blank forms and badges containing the words “Central Election Commission of the Republic of Azerbaijan”.
1.7. Official press body of Central Election Commission is the news by “Central Election Commission of the Republic of Azerbaijan”.
1.8. As a rule, sessions of Central Election Commission are conducted in permanent address. Baki city, Rasul Rza st.3

2. Duties of Central Election Commission

2.1. Central Election Commission implements the following common duties:
2.1.1. controls the observance of election rights by citizens in the preparation and conduct of elections, realizes the measures related to the financing of elections and ensures the same and correct application of the Election Code of the Republic of Azerbaijan;
2.1.2. Adopts well-based decision after considering the complaints related to the violence of rules of the Election Code of the Republic of Azerbaijan within its authority;
2.1.3. establishes Constituency Election Commissions pursuant the organization its principle;
2.1.4. leads the activity of Constituency and Precinct Election Commissions (Con.ECs and PECs);
2.1.5. works on the norms of technological equipment necessary for the work of election commissions, ratifies these norms and controls their observance;
2.1.6. defines the form of ballot papers and approves them;
2.1.7. provides Con.Es with ballot papers (hereafter referred to as the ballot paper), envelopes to put the ballot paper in, protocols, de-registration cards for voting and other election documents (hereafter referred to as the election document);
2.1.8. conducts training related to the preparation and conduct of elections, development of electoral system, enrichment of voters` law knowledge and giving instructions to the commissioners of election commissions and ensures the realization of programs related to the profession training;
2.1.9. approves the nominated candidates to presidency;
2.1.10. registers candidates to presidency;
provides candidates, registered candidates, political parties and blocks of political parties with necessary facilities for pre-election activity in the territory of the election area;
2.1.12. defines rules for providing security of registered candidates;
2.1.13. approves single rules for the distribution of free airtime among registered candidates, political parties and blocks of political parties and defines the rules for the publication of voting results;
2.1.14. distributes the funding allocated from the state budget for the preparation and conduct of elections and controls its expedient usage;
2.1.15. approves Regulation on control-inspection service in Central Election Commission and Con.ECs in order to ensure the control upon the usage of the funding allocated for election commissions on its destination, correct registration and usage of election funds and upon the entrance sources of the funding and forms control-inspection service under Central Election Commission;
2.1.16. provides election commissions with legal, methodical and technical assistance;
2.1.17. approves the samples of the ballot paper, envelopes to put the ballot paper in, voters lists, de-registration cards for voting, voting protocols and other election document and ensures their protection;
2.1.18. approves the rules for preserving and giving to archive of the election document;
2.1.19. controls the financing of pre-election campaign;
2.1.20. provides voters with the information on the period of realizing electoral actions, rules and electoral procedure;
2.1.21. controls the providing election commissions with rooms, transportation and communication means and solves other issues related to the financial-technical supply of elections;
2.1.22. compiles single voters list together with relevant executive authorities and municipalities;
2.1.23. gets information related to the issues of the preparation and conduct of elections from relevant executive authorities and municipalities;
2.1.24. ensures the usage of the State Automated Information System in the same order;
2.1.25. registers observers and provides them with badges in the defined form;
2.1.26. approves Regulation by the “Sechkiler” Information Center under Central Election Commission;
2.1.27. approves Regulation to define the rule for the conduct of its sessions;
2.1.28. establishes its Secretariat;
2.1.29. cancels illegal decisions by election commissions, appeals to the relevant commission with the presentation on chairmen and secretaries not corresponding to their duties;
2.1.30. implements other authorities pursuant to the Election Code of the Republic of Azerbaijan;
2.2. Central Election Commission adopts Instructions and methodical directions related to the realization of the Election Code and publishes them;
2.2.1. Central Election Commission shall provide lower election commissions with Instructions and methodical directions adopted related to the realization of the Election Code. Lower commissions shall place these Instructions and methodical directions in the information badges in the form defined by Central Election Commission in order to read them easily.

3. Authorities of Chairman of Central Election Commission

3.1. represents Central Election Commission of the Republic of Azerbaijan;
3.2. organizes the work of Central Election Commission, conducts working division among Deputy Chairman, Secretaries and Commissioners of Central Election Commission and solves the issue related to the awarding them;
3.3. defines the issues put in the session agenda of Central Election Commission and chairs the sessions;
3.4. chairs directly the activity of the Secretariat of Central Election Commission, receives to work the personnel of the Secretariat and dismisses them;
3.5. solves the discipline responsibility of the Secretariat personnel;
3.6. approves Regulation by “Sechkiler” Information Center under Central Election Commission, appoints director and deputy director of the Center and dismisses them;
3.7. invites international observers;
3.8. gives orders on the financial funding in the approved expenditure smeta.

4. Activity directions of Central Election Commission

4. During referenda, elections to the Milli Majlis, elections of the President and municipal elections Central Election Commission functions in the following directions:
4.1. During the preparation and conduct of referenda Central Election Commission implements the following duties:
4.1.1. controls the conduct of referenda pursuant to the Election Code;
4.1.2. registers campaign groups on referenda in the vases implied by the Election Code;
4.1.3. publishes the common list of registered campaign groups on referenda;
4.1.4. ensures the equal implementation of airtime division among campaign groups on referenda for pre-referenda campaign;
4.1.5. ensures the control on the usage of the funding entered referenda funds of campaign groups on referenda;
4.1.6. defines referenda results and publishes them in press;
4.2. implements other authorities pursuant to the Election Code;
4.3. Central Election Commission implements the following duties during the preparation and conduct of elections:
4.3.1. controls the conduct of elections to the Milli Majlis pursuant to this Code;
4.3.2. ensures the observance of pre-election activity terms defined by the Election Code by all candidates, registered candidates, political parties and blocks of political parties;
4.3.3. ensures the equal airtime distribution among political parties and blocks of political parties, registered candidates for pre-election campaign;
4.3.4. ensures the control on the usage of the funding entered election funds of candidates to deputy (political parties);
4.3.5. publishes the list of registered candidates on constituencies;
4.3.6. defines the deputies elected from registered candidates on constituencies and provides them with relevant registration cards;
4.3.7. publishes officially results of elections to the Milli Majlis in the Republic of Azerbaijan including the information in the protocols of PECs;
4.3.8. compiles the list of elected deputies and provides the Milli Majlis with these lists and necessary documents;
4.3.9. organizes re-elections and elections to the vacant seats of deputies;
4.3.10. implements other authorities implied by the Election Code;
4.4. During the preparation and conduct of Presidential Elections Central Election Commission implements the following duties:
4.4.1. controls the conduct of the Presidential Elections pursuant to the Election Code;
4.4.2. registers candidates to presidency, their agents and authoritative representatives;
4.4.3. provides candidates to presidency and their agents with the cards in defined form;
4.4.4. publishes common list of registered candidates;
4.4.5. provides all candidates to presidency with equal facilities for pre-election activity;
4.4.6. ensures the equal conduct of airtime division among registered candidates;
4.4.7. ensures the control on the usage of the funding entered election funds of candidates to presidency;
4.4.8. defines the Presidential Election results;
4.4.9. provides the person elected President with ID card;
4.4.10. publishes the Presidential Election results;
4.4.11. organizes re-elections on the Presidential Elections;
4.4.12. implements other duties implied by the Election Code;
4.5. During the preparation and conduct of municipal elections Central Election Commission implements the following duties:
4.5.1. controls the conduct of municipal elections pursuant to the Election Code;
4.5.2. publishes the list of registered candidates on constituencies;
4.5.3. adopts decision on re and by-elections based on the presentation of the Con.EC;
4.5.4. publishes officially electoral results;
4.5.5. implements other issues implied by the Election Code;
4.5.6. Decisions and acts adopted by election (referenda) commissions within their authorities defined by the Election Code are obligatory for state bodies, municipalities, candidates, registered candidates, political parties, non-governmental organizations, other public organizations, campaign groups on referenda, officials and voters functioning in a certain area.

5. Ensuring activities of Central Election Commission members

5.1. Commissioners of Central Election Commission get salary on the account of the State Budget within their authority. The person who was member of Central Election Commission gets 80 % of the salary of Central Election Commission commissioners when he/she retires on a pension;
5.2. A commissioner of one election commission can not be the member of another election commission at the same time. Member of the election commission with decisive right is not allowed to be on state and municipal service;
5.3. Commissioner of election commission with decisive right can be dismissed early within a month and within 3 days during the preparation and conduct of elections by the decision of the relevant election commission in the following cases:
5.3.1. when providing with written application on the dismissal and approving this application by the chairman of the election commission;
5.3.2. when being a member of political party;
5.4. The authorities of election commissioner with decisive right are terminated immediately in the following cases;
5.4.1. when being candidate to the Milli Majlis or municipality and when being official or elected persons of the state authorities and muicipalities;
5.4.2. when losing the citizenship of the Republic of Azerbaijan or being a citizen of another country;
5.4.3. when the verdict of guilty by the court comes into force;
5.4.4. when considering without activity disability, limited activity ability on the enforced decision of the court, unconversantly missed or dead;
5.4.5. when the relevant court decision approves the violence of the requirements of election legislation;
5.5. Commissioner of Central Election Commission can not be exposed to the criminal liability, can not be taken into custody and arrest or can not be exposed to administrative reproach measures defined in the court order without agreement of the State Prosecutor’s Office of the Republic of Azerbaijan. If the commissioner of Central Election Commission is caught while committing crime, he/she can be taken into custody. In this case, the body arresting the commissioner of Central Election Commission shall inform the State Prosecutor’s Office of the Republic of Azerbaijan;
5.6. During elections expenses of interurban transportation for the transport in the territory of the country and every public transportation (excluding taxi and ordered flights) of the commissioner of Central Election Commission are paid from the funding allocated by Central Election Commission when submitting relevant transport documents.

6. Adoption of decisions of Central Election Commission of the republic of Azerbaijan

6.1. Session of Central Election Commission is considered valid when at least its 10 members participate.
6.2. Decisions of Central Election Commission are adopted by open voting in the following form:
6.2.1. When 10 members participate in Central Election Commission – by vote majority of at least of 7 persons;
6.2.2. When 11 or 12 members participate in the session of Central Election Commission – by vote majority of at least 8 members;
6.2.3. When 13 members participate in the session of Central Election Commission – by vote majority of at least of 9 persons;
6.2.4. When 14 or 15 member participate in the session of Central Election Commission – by vote majority of at least 10 persons;
This rule is in the force till the first session of the new-elected in 2005 Milli Majlis of the Republic of Azerbaijan.
6.3. Decisions of Central Election Commission shall be signed by Chairman and Secretaries of Central Election Commission. If these perosns do not sign the decision of Central Election Commission then the decision shall be signed by commissioners of Central Election Commission who voted for it. Decision of Central Election Commission shall be published officially within 24 hours.

7. Organizing the work of Central Election Commission

7.1. Central Election Commission of the Republic of Azerbaijan establishes its Secretariat pursuant to Article 28.5 of the Election Code of the Republic of Azerbaijan. The Secretariat implements the legal, personnel, organization-methodical, analytic-information, financial, documentation, publication, material-technical, economical and social-welfare ensurance.
- establishes its work on the mutual law-based relations with commissioners of Central Election Commission, takes relevant measures related to the ensurance of their activity;
In its activity the Secretariat adopts the Election Code of the Republic of Azerbaijan, Law of the Republic of Azerbaijan on the State Service, this Regulation, Regulation on the Secretariat of Central Election Commission, other legislative acts, as well as order and decrees of Chairman of Central Election Commission as a basis.
7.2. Chairman chairs directly the activity of the Secretariat.
7.3. The Secretariat implements the following duties:
7.3.1. organizes the work related to the ensurance of the activity OF commissioners of Central Election Commission;
7.3.2. takes part in the preparation of document drafts and materials put in the session of Central Election Commission;
7.3.3. compiles the session minutes of Central Election Commission;
7.3.4. conducts the reyester of decisions of Central Election Commission, adopted statements and appeals, as well as order and decrees of the Commission Chairman, inquiry, appeals, applications and complaints entered the Secretariat;
7.3.5. ensure the publication of decisions and materials of Central Election Commission;
7.3.6. implements the relevant work related to execution of decisions of Central Election Commission;
7.3.7. conducts the clerical work of the Secretariat;
7.3.8. takes part in the reception of representatives of lower election commissions and citizens related to election (referenda) issues;
7.3.9. realizes the mutual activity with the state authorities, municipalities, their officials, public organizations with the request of commission chairman;
7.3.10. assists the experience exchange of lower election commissions with one another and Central Election Commission with election organizations and international organizations of foreign countries;
7.3.11. ensures the implementation of orders of commission chairmen;
7.3.12. implements other duties implied by the Election Code related to the activity of Central Election Commission.
7.4. Regulation on the Secretariat shall be approved by the decision of Central Election Commission. Appendices and amendments to the Regulation can be made only by the decision of Central Election Commission.
7.5. Central Election Commission establishes law expertise by its decision pursuant to Article 28.3 of the election Code of the Republic of Azerbaijan.
7.6. Approves Regulation to define the rules for the conduct of sessions of Central Election Commission pursuant to Article 28.1 of the Election Code of the Republic of Azerbaijan and commission sessions are conducted on this Regulation. Appendices and amendments to the Regulation are made by decision of Central Election Commission.
7.7. Issues shall be put into discussion of the session of Central Election Commission in the case defined by the Election Code of the Republic of Azerbaijan and relevant decisions are adopted.
8. control by Central Election Commission observing the right of citizens of the Republic of Azerbaijan to participate in elections and referenda
8.1. The Commission implements the checking the activity of lower election and referenda commissions, as well as other participants of elections and referenda process by ensuring the application of the legislation in the same form to ensure the rights of voters to participate in the voting. Commissioners of Central Election Commission, as well as officials of the Secretariat are involved in these checking.
8.2. During the checking the Commission can give instructions to the lower election and referenda commissions led by itself to reconsider the complaint, can cancel their illegal decisions it can send the checking materials to the relevant bodies and appeal to the court if the decisions have got across their authority limit.
8.3. Central Election Commission can require lower election commissions, political parties, blocks of political parties, voters initiative groups, state and local self-management bodies, institutions, organizations, mass media and their officials to submit relevant materials to the Commission related to the application of the Election Code.

Enforcement of the Regulation and making appendices and amendments to it

9.1. Regulation on Central Election Commission of the Republic of Azerbaijan shall be approved by the decision of the session of Central Election Commission;
9.2. Appendices and amendments to the Regulation can be made by the decision of Central Election Commission.
9.3. Regulation on Central Election Commission shall come into force since its publication.