Approved by the Decision
3/14
dated on June 21, 2003 of the
Central Election Commission of
the Republic of Azerbaijan
I N S T R U C T I O N
on the control of the distribution of funds
allocated for the preparation and conduct of
Presidential Elections of the Republic of Azerbaijan
by the State budget, usage of the allocated
funds and funding entered election funds of
the registered candidates to presidency
1. Cost of the preparation
and conduct of Presidential Elections of the
Republic of Azerbaijan, providing the activity
of the election commissions in term of their
office is implemented by the State budget.
Election commissions implement registration
of the budget funding allocated for the preparation
and conduct of elections. The Central Election
Commission of the Republic of Azerbaijan (hereafter
referred to as the Central Election Commission)
is the manager enjoying full rights of the funding
entered his disposal. The funding entered the
Central Election Commission is transferred to
the Constituency Election Commissions at latest
within 90 days prior to the voting day, in their
turn they distribute this funding among Precinct
Election Commissions at latest within 10 days
prior to the voting day.
The funding is distributed among election commissions
by considering the administrative and social-economic
indicators.
Chairmen of election commissions are managers
of the funding allocated for the relevant election
commissions and are responsible for the compatibility
of financial documents with the decisions of
the relevant election commissions, submission
of financial reports on the expenditure in the
case and time defined by the Election Code of
the Republic of Azerbaijan (hereafter referred
to as Election Code).
Unspent funding by election commissions is transferred
from the account of Constituency and Precinct
Election Commissions to the account of the Central
Election Commission and is kept in its account.
Operations on this funding are implemented by
meeting the requirements of Article 16 of the
Law of the Republic of Azerbaijan.
2. The candidate to presidency must open specific
election account to finance pre-election campaign
in accordance with the relevant case and time
defined by Articles 91 and 190 of the Election
Code. The election fund of the candidate to
presidency is kept in specific account of the
Joint Universal Investment Bank (or the subsidiaries
and representations of the bank), by establishing
in the capacity defined by Article 191 of the
Election Code and on the accounts of the resources
implied by this article. Maximum limit of the
election fund of the candidate to presidency
shall not exceed 200 thousand of the minimum
salary to the day of official publication of
the decision on determination of elections.
After submitting documents formalized in the
relevant order the bank opens specific election
fund for the candidate. The funding of the election
fund is with an appointment character. The funding
shall be used only for the following purposes:
a) for the financial support of the organizational-technical
measures directed to collection of signatures,
as well as payment for the relevant persons
for collection of signatures;
b) for the payment for the cost of the measures
related to pre-election campaign, as well as
information and consultation service;
c) expenditure related to the payment for other
actions implemented directly by legal entities
and citizens.
The registered candidate to presidency who participated
in the voting and had 5 percent of votes of
the voters and has been regarded elected, as
well as the registered candidate to presidency
who withdrew his candidacy because of the obligatory
cases implied by Article 73.3 of the Election
Code up to the voting day is obliged to return
the unused part of the funding transferred to
his election fund by the Central Election Commission
within 30 days after the voting day. When this
period ends the relevant bank
must transfer the funding indicated in the letter
of the Central Election Commission to his account
without any dispute.
3. Registration of the budget funding allocated
for the preparation and conduct of elections,
as well as the election fund of the candidates,
registered candidates is separately conducted
by the Central Election Commission in accordance
with the forms of financial account.
The Central Election Commission conducts the
separate registration on cost sub-articles of
the expenditure exercised in accordance with
the approved smeta related to the conduct of
elections and the funding allocated to Constituency
and Precinct Election Commissions, registration
of the expenditure on the income of the sources
implied by Article 191.2 of the Election Code
of the candidate, registered candidate on election
funds and the relevant measures.
Constituency Election Commissions conduct the
registration on the execution of the expenses
realized in accordance with the approved smetas
of election commissions related to elections
on each cost article.
4. The financial reports of the Central Election
Commission, Precinct and Constituency Election
Commissions are compiled in accordance with
the report #2 on the execution of the cost smeta
of offices approved by the Decision I-62 dated
July 15, 1998 of the Ministry of Finance of
the Republic of Azerbaijan.
Precinct Election Commissions provide the Constituency
Election Commissions with the financial report
on the collection and expenditure of the funding
allocated from the national budget based on
the Annex # 1 of this Instruction within 5 days
after the voting day. The chairman of the Precinct
Election Commission approves the report.
The Constituency Election Commissions provide
the Central Election Commission with the financial
report on the collection and expenditure of
the funding allocated from the national budget
based on Annex # 1 of this Instruction within
10 days after the voting day. The chairman of
the Constituency Election Commission approves
the report.
The Constituency Election Commission provides
the Central Election Commission with review
reports of Precinct Election Commissions and
Constituency Election Commissions based on annex
# 1 of this Instruction within 10 days since
the official publication of electoral results
after approval of the chairman of the commission
and leadership of local treasure office.
Candidates to presidency, registered candidates
to presidency provide the Central Election Commission
with their financial reports in the case implied
by items 3.1, 3.2 and 3.3 of Article 94 of the
Election Code, in accordance with Annex # 2
by approving with their own signatures.
If the candidate to presidency, registered candidate
to presidency authorizes another person with
his/her own right to use the funding of his/her
election account according to his/her written
report submitted to the Central Election Commission
by him/her, then this person provides the Central
Election Commission with the financial report
by signing it and carries direct responsibility
for law violations.
Final financial report including primary financial
documents approving the collection and expenditure
of the election fund is submitted at latest
within 10 days after the official publication
of electoral results.
The Central Election Commission makes report
to President of the Republic of Azerbaijan,
the Milli Majlis of the Republic of Azerbaijan,
as well as mass media on the usage of the budget
funds, expenditure of the election funds of
the registered candidates to presidency within
3 months after the official publication of general
election results. Stated financial report, information
must be published in official press within a
month after being submitted to President of
the Republic of Azerbaijan, the Milli Majlis
of the Republic of Azerbaijan.