Agreed with:
Head of Administrative Personnel
of National Bank _ E.S.Rustamov
Approved by Decision
# 16/97 of the Central Election Commission
of the Republic of Azerbaijan dated on August
28, 2004
INSTRUCTION
on rules
for opening specific election accounts, their
registration, accounting rule, as well as entrance
of the funds in the election accounts of candidates,
registered candidates, political parties, political
party blocks and their expenditure in Municipal
Elections
The Instruction
has been prepared pursuant to Article 94.1 of
the Election Code of the Republic of Azerbaijan
(hereafter referred to as Election Code) and
defines rules for opening specific election
accounts, their registration, accounting rule,
as well as entrance of the funds in the election
accounts of candidates, registered candidates
(hereafter referred to as candidates), political
parties, political party blocks and their expenditure
in Municipal Elections pursuant to Law “On Banks”
of the Republic of Azerbaijan.
1. Candidate to municipality membership shall
open specific election account to create election
fund at the right time and order pursuant Articles
91 and 225 of the Election Code of the Republic
of Azerbaijan. Election fund of the candidate
to municipality membership shall be established
in the capacity and on the amount of sources
defined by Article 225 of the Election Code
and preserved in the Joint Stock Company or
in the specific account of its subsidiaries.
2. After the approval of nomination of the candidate
to municipality membership by the Constituency
Election Commission (Con.EC), specific election
account should be opened within 5 days.
The candidate or his/her authorized representative,
political parties, blocks of political parties
open specific election account by attaching
the following documents together with the notification
received on the approval of candidate nomination
from the Con.EC:
a) political parties:
- application on opening of specific election
account;
- copy of the charter by the political party
approved in the notary order;
- copy of the document on the state registration
approved in the notary order;
- copy of the certified document on the inclusion
of registration units in statistics organs in
the state register, approved in the notary order;
- original of the notification on the registration
by state social insurance company;
- original of the charter duplication provided
by the relevant tax office;
- sheets of signature and stamp samples approved
in the notary order;
- if political parties appointed authorized
representatives on financial issues, then ID
card;
b) political party blocks:
- application on opening specific election account;
- decision of the meeting on the appointment
of authorized representative on financial issue
by political party block;
- ID card of the authorized representative on
financial issues;
- sheets of signature and stamp samples approved
in the notary order;
c) candidate:
- application on opening specific election account;
- ID card of the candidate or his/her authorized
representative (if the authorized representative
is charged with opening of specific election
account);
3. After submitting the above-mentioned documents,
the relevant bank shall immediately open specific
election account for the candidate.
4. Political parties intending to open single
election fund for candidates shall act pursuant
to Article 226.2 of the Election Code. Cancellation
of single election fund shall be regulated by
Article 227 of the Election Code.
Single election fund shall be established in
the case of opening specific election account.
5. Candidates, political parties and political
party blocks can open only one specific election
account.
6. All transactions on specific election account
and single election fund shall be implemented
by manat.
7. Attorney bank should inform the Con.EC on
the funds entered in specific election accounts
of candidates and spent funds pursuant to Appendice
# 1 made to the Instruction not less than once
in a week and when there are less than 10 days
prior to the voting day, then within 3 working
days not less than once.
8. Funds collected in election funds of candidates,
political parties, political party blocks can
be used with the following aims:
a) financially provide the organizational-technical
measures related to the collection of signatures,
as well as payment of salaries for the relevant
persons for the collection of signatures;
b) for the payment of the cost for activities
related to the pre-election campaign and consultative
services;
c) expenses related to the cost of other works
implemented by legal entities and citizens in
the conduct of pre-election campaign.
9. The candidate shall be prohibited to use
the funds except the ones entered the election
account to conduct campaign, pay the cost of
the organizational-technical measures related
to the collection of signatures and pay the
salaries of the relevant persons to collect
voters signatures.
10. Funds should be transferred only on the
amount and by the persons implied by Article
225 of the Election Code.
11. Voluntary donations by only citizens of
the Republic of Azerbaijan should be transferred
in the case defined by Article 93.1 of the Election
Code.
Donations of legal entities shall be received
by considering terms implied by Article 93.2
of the Election Code on the amount of specific
election account not in cash.
12. After receiving relevant document on payment
via communication departments, banks and other
credit organizations, voluntary donations of
citizens and legal entities should be transferred
at latest within 2 days.
13. If the donations are transferred to the
election funds of candidates, political parties
or political party blocks by unauthorized physical
and legal entities implied by Article 90.2 of
the Election Code or more than the amount stipulated
by the Election Code, then the attorney bank
shall inform the relevant election commission
pursuant to Appendice # 1 made to the Instruction.
14. If donations are transferred to the election
funds of candidates, registered candidates,
political parties, political party blocks by
citizens or legal entities who do not have the
right to do that, then the candidate, registered
candidate, political party, block of political
party should return the whole amount of the
donation to the donator within 10 days after
its receipt, indicating the reasons for bank
transfer and deducting expenses for transfer.
Citizens and legal entities implied by Article
90.2 of the Election Code of the Republic of
Azerbaijan should be prohibited from transferring
voluntary donations to the election funds of
candidates, registered candidates, political
parties and blocks of political parties.
Anonymous donations shall be transferred to
the state budget pursuant to Article 93.7 of
the Election Code when entered the specific
election accounts.
15. The attorney bank shall report to the Central
Election Commission and the Con.EC on such cases.
16. All transactions on specific election accounts
of registered candidates should be stopped within
3 days after the voting day.
17. In other cases implied by Article 91.4 of
the Election Code, the relevant bank with the
instruction of the Con.EC shall stop financial
transactions to pay expenses from the specific
election accounts of candidates, registered
candidates.
18. Only in the cases defined by Article 92.1
of the Election Code the Central Election Commission
can prolong the period of financial transactions.
19. Rules for the return of funds received by
candidates to municipality membership during
Municipal Elections shall be defined by Articles
90.5 – 90.7 of the Election Code.
20. The relevant bank shall transfer the money
remaining in the specific account of election
funds of candidates, registered candidates to
the account of the Con.EC pursuant to the written
instruction of the Con.EC after 60 days of the
voting day.
