Approved by Decision
# 13/38
of the Central Election
Commission
of the Republic
of Azerbaijan dated on July 4, 2005
INSTRUCTION
on the establishment of voters initiative groups
and rules for candidate nomination on citizens`
initiative or by voters initiative group during
Elections to the Milli Majlis of the Republic
of Azerbaijan
1. During Elections to the Milli Majlis of the
Republic of Azerbaijan, candidate nomination
on the initiative of citizens or by the voters
initiative groups established by citizens having
active suffrage shall be regulated by Articles
53 and 146 of the Election Code of the Republic
of Azerbaijan.
1.1. During elections on the constituency, candidates
shall be nominated after the official publication
of the decision on appointment of these elections.
1.2. During by-elections and re-elections, candidates
shall be nominated after the period implied
by Article 145.4 of the Election Code of the
Republic of Azerbaijan, i.e. at latest within
2 days since the adoption of the decision on
appointment of elections after the official
publication of the decision in mass media.
1.3. As one of the persons nominating candidate,
establishment of voters initiative groups and
nomination of candidacy shall be regulated by
legislation in order implied by this Instruction.
Each citizen or citizens with voting rights
can form voters initiative groups consisting
of 50 persons. In this aim, they must conduct
their session. The fact that the voters with
the intend to establish initiative group live
in the relevant areas of the constituency, should
be taken as a basis. It is allowed to apply
in written form to the municipal authority or
executive authority within the territory by
citizen or citizens intending to establish initiative
group to allocate place for holding session.
Session of the voters initiative group can be
conducted in voters` places of residence, in
areas and buildings of executive authorities
and municipalities, as well as of legal entities.
After determining appropriate place, the voters
intending to establish initiative group shall
be informed about the allocated place and time
of conducting session.
2. The following
issues shall be discussed in the session:
2.1. establishment and naming of voters initiative
group;
2.2. determination of the person (representative
of the initiative group) who will represent
the group (this person may be chairman or secretary
of the session);
2.3. nomination of candidate to deputy;
2.4. apply to the Constituency Election Commission
(Con.EC) on the approval of candidate nomination.
Decision shall be adopted on each discussed
issue included in the agenda of the session
and session minutes shall be compiled. The session
minutes shall be signed by the chairman and
secretary of the session. Stamping the session
minutes by these organizations, as well as legal
entities who the place of conducting session
belongs to is also possible.
3. Documents of
the candidate to deputy nominated by the voters
initiative group shall be provided to the relevant
Con.Ec by authorized representatives of voters
initiative group, as well as candidate or his/her
authorized representative. The Con.EC shall
be provided with the following documents for
the nomination of the candidate by the voters
initiative group:
3.1. notification on the initiative of candidate
nomination (Appendice # 1);
3.2. session minutes on the establishment of
voters initiative group and candidate nomination
(Appendice # 2);
3.3. Information on the liability and citizenship
of the nominated candidate compiled pursuant
to Article 53 of Election Code of the Republic
of Azerbaijan, candidate`s application on commitment
on his/her termination of the activity that
is inappropriate with the post of deputy if
elected (Appendice # 3);
3.4. If candidate appoints an authorized representative,
then powers of attorney of the authorized representative
approved in notary order (Appendice # 5);
3.5. If the candidate included information on
his/her political affiliation in his application,
then he/she shall submit the document that approves
it.
In this case, the candidate shall come to an
agreement with the relevant election commission
to name the political party with the name consisting
of not more than 5 words. If the political party
indicated in the application dismissed the candidate
from its party and the relevant election commission
sent notification, after receiving this notification,
the candidate shall not be allowed to use the
name of this political party.
The written notification on receiving documents
submitted to the Con.EC shall be provided to
the person who submitted these documents or
who has got the legal right to it (in the form
approved by Decision # 07/52 of Central Election
Commission dated on July 2, 2004).
The documents submitted to the Con.EC shall
be considered within 5 days and decision on
the approval or refusal from the candidate nomination
shall be provided to the representative of the
voters initiative group.
4. Citizen
who nominated his/her candidacy on his/her own
initiative shall provide the relevant Con.EC
with the following documents:
4.1. notification on candidate nomination (Appendice
# 4);
4.2. information on the liability and citizenship
of the nominated candidate compiled pursuant
to Article 53 of Election Code of the Republic
of Azerbaijan, candidate`s application on commitment
on his/her termination of the activity that
is inappropriate with the post of deputy if
elected (Appendice # 3);
4.3. If candidate appoints an authorized representative,
then powers of attorney of the authorized representative
approved in notary order (Appendice # 5);
4.4. If the candidate included information on
his/her political affiliation in his application,
then the document that approves it.
In this case, the candidate shall come to an
agreement with the relevant election commission
to name the political party with the name consisting
of not more than 5 words. If the political party
indicated in the application dismissed the candidate
from its party and the relevant election commission
sent notification, after receiving this notification,
the candidate shall not be allowed to use the
name of this political party.
The written notification on receiving documents
submitted to the Con.EC shall be provided to
the authorized representative (in the form approved
by Decision # 07/52 of Central Election Commission
dated on July 2, 2004, Appendice # 6).
The documents submitted to the Con.EC shall
be considered within 5 days and decision on
the approval or refusal from the candidate nomination
shall be provided to the candidate or his/her
authorized representative.
