Agreed with:
Head of Administrative Personnel
of National Bank - E.S.Rustamov
dated on July 8, 2005
Approved by Decision
# 15/51
of the Central Election
Commission
of the Republic
of Azerbaijan
INSTRUCTION
on rules for opening specific
election accounts, their registration, accounting
rule, as well as entrance of the allocations
in the election funds of candidates, registered
candidates, political parties, political party
blocs and their expenditure in Elections to
the Milli Majlis of the Republic of Azerbaijan
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 allocations in the
election funds of candidates, registered candidates
(hereafter referred to as candidates), political
parties, political party blocs and their expenditure
in Municipal Elections pursuant to Law “On Banks”
of the Republic of Azerbaijan.
1. Registered candidate shall open specific
election account to create election fund in
relevant time and order pursuant to Articles
91 and 156 of the Election Code of the Republic
of Azerbaijan. Election fund of the candidate
to deputy shall be established in the capacity
and on the amount of sources defined by Article
156 of the Election Code and preserved in the
Joint Stock Company or in the specific account
of its subsidiaries.
This account shall be opened within 5 days after
submitting notification on candidate nomination
on single-mandate constituency within 24 hours
prior to the collection of voters signatures
necessary for the registration of the candidate.
Candidates, political parties, political party
blocs can open only one specific account.
While submitting documents made official in
the order defined by Election Code of the Republic
of Azerbaijan, relevant bank shall open specific
election account for candidates, political parties,
political party blocs within 3 days. All allocations
shall be transferred to the specific election
account in manats.
2. Single election fund should be opened within
5 days after political parties, political party
blocs intending to form single election fund
for candidates provide Central Election Commission
with the list of candidates nominated in more
than 60 single-mandate constituencies.
3. The opening specific account is forbidden
in the bank and credit organizations besides
in the Stock Joint Company mentioned in the
first couplet of this instruction and its subsidiaries.
4. The candidate or his/her authorized representative,
authorized representatives or authorized representatives
on financial issues of political parties, blocs
of political parties shall submit the following
documents to the relevant bank:
a) candidate (or his/her authorized representative):
- application on opening of specific election
account;
- copy of the notification on candidate nomination
approved by the Constituency Election Commission
(Con.EC);
- information on the liability, commitment before
other countries and citizenship of the nominated
person compiled pursuant to Article 53 of Election
Code of the Republic of Azerbaijan, as well
as application on commitment on termination
of his/her activity inappropriate with his/her
duties when elected deputy;
- powers of attorney of candidate’s authorized
representative (if he/she appointed an authorized
representative) made official in notary order.
b) political parties:
- application on opening specific election account;
- copy of the document (certificate) on the
state registration approved in the notary order;
- copy of the charter by the political party
approved in the notary order;
- decision of convention (conference, session
of the leading body) of political party on candidate
nomination and relevant session minutes;
- 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 certificate - duplication
provided by the relevant tax office;
- copy of the notification on candidate nomination
approved by the Constituency Election Commission
(Con.EC);
- information on the liability, commitment before
other countries and citizenship of the nominated
person compiled pursuant to Article 54 of Election
Code of the Republic of Azerbaijan, as well
as application on commitment on termination
of his/her activity inappropriate with his/her
duties when elected deputy;
- powers of attorney of candidate`s authorized
representative on financial issues approved
in notary order;
- sheets of signature and stamp samples approved
in the notary order.
c) political party blocs:
- application on opening specific election account;
- copy of the notification on candidate nomination
approved by the Constituency Election Commission
(Con.EC);
- decision of convention (conference, session
of the leading body) of political party on candidate
nomination and relevant session minutes;
- powers of attorney of candidate`s authorized
representative on financial issues approved
in notary order;
- sheets of signature and stamp samples approved
in the notary order.
5. After submitting the above-mentioned documents,
the relevant bank shall immediately open specific
election account for these persons.
6. All transactions on specific election account
and single election fund shall be implemented
by manat.
7. Authority 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 not less than
once in 3 working days.
8. The right to give orders on the allocations
included in election funds shall belong only
to the candidate, political parties, political
party blocs which established this fund and
referenda campaign group. This fund can be used
with the following aims:
a) financial supply of 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, as well
as 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
156 of the Election Code.
11. Voluntary donations should be transferred
only by citizens of the Republic of Azerbaijan
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. The followings shall be prohibited to allocate
voluntary donation for election funds of candidates,
registered candidates, political parties, political
party blocs and referenda campaign groups or
to provide with service or assistance:
- foreign countries and foreign legal entities;
- foreign citizens;
- persons without any citizenship;
- citizens under 18;
- if for the condition on the day of official
publication of the decision on the appointment
of elections, the share of participation (property)
of the above-mentioned persons is more than
30 % in the charted capital of the legal entity
of the Republic of Azerbaijan, then legal entities
of the Republic of Azerbaijan;
- international organizations and international
public movements;
- state bodies and municipalities;
- legal entities whose share of participation
of state and municipality in the charted capital
is more than 30 % for the condition on the day
of official publication of the decision on the
appointment;
- military units;
- charity organizations, religious unions, offices
and organizations;
- the persons transferring anonymous donations
who don’t indicate any kind of this information
(the persons who don’t indicate or indicate
improperly this information: for citizen – surname,
name, patronymic, serial number of ID card,
date of issue; for legal entity –number, name,
date of registration of equalization of tax
compensator, bank requisites, share of state
bodies and municipalities in the charted capital,
its amount and share of foreign capital in charted
capital).
14. If donations are transferred to the election
funds of candidates, registered candidates,
political parties, political party blocs by
citizens or legal entities who do not have the
right to do that pursuant to Article 90.2, then
the candidate, then the authority bank shall
inform the relevant election commission pursuant
to Appendice # 1 made to the Instruction.
15. If donations are transferred to the election
funds of candidates, registered candidates,
political parties, political party blocs by
citizens or legal entities who do not have the
right to do that, then registered candidate,
political party, bloc 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.
Anonymous donations shall be transferred to
the state budget pursuant to Article 93.7 of
the Election Code when entered the specific
election accounts.
16. The authority bank shall report to the Central
Election Commission and the Con.EC on the cases
implied by Election Code and items # 9,10, 11,
12, 13, 14.
17. All transactions on specific election accounts
of registered candidates should be stopped within
3 days after the voting day.
18. In other cases implied by Article 91.4 of
the Election Code, with the instruction of the
Con.EC, the relevant bank shall stop financial
transactions to pay expenses from the specific
election accounts of candidates, registered
candidates.
19. Only in the cases defined by Article 92.1
of the Election Code the Central Election Commission
can prolong the period of financial transactions.
20. Rules for the return of funds received by
candidates to deputy during Elections to the
Milli Majlis shall be defined by Articles 90.5
– 90.7, 157.4 of the Election Code.
21. Candidates, registered candidates, political
parties, political party blocs shall submit
their financial reports in the following turns
(pursuant to Appendice # 2 made to the Instruction):
- first preliminary financial report shall be
submitted to the relevant election commission
at the same time with other necessary documents
in order defined by Election Code; this report
shall include information for 2 days prior to
the period indicated in the report;
- second preliminary financial report shall
be submitted at earliest 20 days, at latest
10 days prior to the voting day; this report
shall include information for 7 days prior to
the period indicated in the report;
- final financial report shall be submitted
at latest 10 days since the day of official
publication of electoral results; preliminary
financial documents that approve entrance and
expenditure of election funds shall also be
attached to the final financial report.
22. When the
candidate, registered candidate loses his/her
status, citizens who were candidates, registered
candidates shall be charged with providing financial
reports. Duty of political parties, political
party blocs to provide with financial reports
shall be instructed commissioned to their authorized
representatives on financial issues, if there
is not such authorized representative, then
another person who took part in election campaign
in the composition of political parties or political
party blocs and has got authority to represent
the political party can make report.
23. Relevant bank shall transfer the remaining
allocations in election funds of candidates,
registered candidates to the account of Con.EC
in accordance with the written instruction of
the Con.EC after 60 days since the voting day.
