Approved by Decision
# 16/58
of the Central Election
Commission
of the Republic of Azerbaijan
dated on July July 12, 2005
INSTRUCTION
on status of candidates to the Milli Majlis
of the Republic of Azerbaijan and authorized
representatives of political parties and
blocs of political parties
1. The status of
a candidate to the Milli Majlis of the Republic
of Azerbaijan and authorized representatives
of political parties and blocs of political
parties shall be regulated in accordance with
the Election Code of the Republic of Azerbaijan
and this Instruction.
1.1. The candidate to the Milli Majlis of the
Republic of Azerbaijan can appoint an authorized
representative. Political parties and political
party blocs that nominated candidate shall appoint
their authorized representatives. Authorized
representatives, as well as authorized representatives
on financial issues shall be appointed by decision
of their joint session, convention, conference
or session of another supreme body;
1.2. Authorized representatives of political
parties, political party blocs shall implement
their functions and authorities in limits defined
in the powers of attorney based on the decision
of joint session, convention or conference of
representatives of political parties, political
parties entering bloc that for authorized representatives
indicate surname, name , patronymic, date of
birth, serial number of ID card or its substitute
document, address of residence, working place,
position or service (if not any-then type of
activity) and for authorized representatives
on financial issues indicate financial documents
and stamp samples for these documents;
1.3. Authorized representatives and authorized
representative on financial issues of the candidate,
political parties and political party blocs
shall be provided with powers of attorney made
official in notary order (in the form pursuant
to Appendices # 6 and 6 “A” made to the Instruction
“on the registration of political party blocs,
nomination of candidates by political parties
and political party blocs). (Appendices # 1
and 1 “A”). In the powers of attorney, the signature
of the person who gets it and approval of this
signature in notary order shall not be obligatory.
1.4. List of authorized representatives, as
well as authorized representatives on financial
issues of political parties, political party
blocs shall be compiled pursuant to Appendices
# 2 and 3 made to the Instruction “on the registration
of political party blocs and nomination of candidates
by political parties and political party blocs
and shall be submitted to Central Election Commission
(Appendices # 2 and 3 made to this Instruction).
Furthermore, letter on consent of each person
to be an authorized representative shall be
attached to the submitted list (in the form
pursuant to Appendices # 4 and 5 made to the
Instruction “on the registration of political
party blocs and nomination of candidates by
political parties and political party blocs”
approved by the Decision # 13/40 of Central
Election Commission dated on July 4, 2005).
(Appendices # 4 and 5 made to the Instruction).
Furthermore, two photos of 3X4 size shall be
attached to the list by taking notes at the
back side of the photo that allow to identify
the personality of this person. Authorized representatives,
authorized representatives on financial issues
of political parties, political party blocs
shall be provided with the card and badge prepared
in the form defined by Central Election Commission
(Appendices # 6, 7, 8 and 9 made to Instruction).
List of authorized representatives of political
parties, political party blocs shall be submitted
to Constituency Election Commission (Con.EC).
For meeting requirements of Article 40.15 of
Election Code, two photos of 3X4 size shall
be attached to the list by taking notes at the
back side of the photo that allow to identify
the personality of this person. The copy prepared
in the basis of the list of authorized representatives
on financial issues that was sent to Central
Election Commission was submitted to the Con.EC
by being attached two photos of 3X4 size (by
taking notes at the back side of the photo that
allow to identify the personality of this person)
(Appendice # 10 made to the Instruction).
1.5. The Con.EC shall provide authorized representatives,
as well as authorized representatives on financial
issues with cards prepared in accordance with
the sample defined by Central Election Commission
(Appendices # 11, 12 and 13 made to the Instruction).
1.6. Relevant election commission shall provide
authorized representatives, as well as authorized
representatives on financial issues with the
badge containing his/her surname,
name, patronymic and photo that allow to determine
his/her status (Appendices # 14, 14 “A” and
14 “B” made to the Instruction). The authorized
representative shall have the badge while being
in the voting room on the voting day.
2. Authorized representatives
of candidates, political parties or political
party blocs shall have the following rights
and duties:
2.1. to submit election documents to the relevant
Con.EC for candidate registration;
2.2. to receive written reference on providing
relevant Con.EC with signature sheets and take
part in checking them;
2.3. get the copy of the protocol on the results
of checking signature sheets;
2.4. get the copy of the decision on candidate
registration within one day after the day of
adoption of this decision;
2.5. to be warned of mistakes made in election
documents submitted for candidate registration
and prevention of which is possible within 24
hours and to correct these mistakes;
2.6. to attain list of precincts and Precinct
Election Commissions (PECs) with their boundaries,
addresses and telephones and addresses of voting
places from relevant Con.ECs;
2.7. be familiarized with voter lists;
2.8. to take part in lottery conducted for determining
date of publication of pre-election campaign
materials of registered candidates, political
parties, political party blocs on the paid basis;
2.9. to apply to the editorial offices of periodicals
related to the publication of pre-election materials
on the paid basis;
2.10. to apply to the relevant executive authority
with an application to allocate place for candidates
for conducting meetings with voters;
2.11. get list of places allocated for locating
pre-election campaign materials from relevant
election commission;
2.12. to invite all candidates registered on
relevant constituency, all political parties,
political party blocs whose candidates have
been registered or by warning them to organize
meetings with voters being on military service
within military units at least 3 days prior
to the day of appointment of conducting such
meeting together with the commander of the military
unit;
2.13. to observe election procedure as an observer;
2.14. to take part at sessions of election commissions,
counting of votes, to observe working with de-registration
cards for voting and be familiar with them,
get copies of decisions by election commissions
and other election documents ( excluding voter
lists, de-registration cards for voting, ballot
papers and signature sheets) and observe implementation
of other election actions in election commissions;
2.15. to observe providing voters with envelopes
to put ballot papers in and ballot papers;
2.16. to observe counting the number of voters
and counting of ballot papers, canceled ballot
papers;
2.17. to observe voters` voting outside the
voting place;
2.18. to review envelope to put ballot papers
in, each completed or uncompleted ballot paper
under conditions ensuring observation and at
certain distance in order to check the validity
of vote;
2.19. to observe implementation of election
actions in all election commissions, determining
of voting results and electoral returns, compiling
protocols on voting results and electoral returns,
as well as re-counting of votes;
2.20. to be informed by Central Election Commission
on the place and time of issuance of ballot
papers;
2.21. to consent to provide paid service related
to elections, sale of goods and paying their
costs from relevant election funds;
2.22. signature sheets shall be approved in
handwriting by the authorized representative;
2.23. authorized representatives on financial
issues shall be charged with the duty of providing
with financial report by political parties,
political party blocs. During his/her term of
authority, the authorized representative on
financial issues shall make report three times
– while submitting signature sheets to the Con.EC
10 days prior to the voting day and within 10
days after the day of official publication of
electoral returns.
4. It shall be prohibited
for authorized representatives of candidates,
political parties or political party blocs to
do the following actions:
3.1. to deal
with charity activities during election campaign
by authorized representatives of candidates,
political parties or political party blocs;
3.2. to render material and financial assistance
to other physical and legal entities, financial
assistance to voters and organizations, to apply
with the suggestions to render financial or
service assistance;
3.3. while being official, journalist in TV
and radio broadcasts and mass media and creative
worker, to lighten election procedure via mass
media;
3.4. usage of their posts and service positions
by authorized representatives having certain
posts in state and municipal bodies during election
procedure;
PEC, Con.EC and Central Election Commission
can compile protocol of administrative offences
of authorized representatives for law violations
in cases implied by Election Code and can also
declare penalty.
By warning relevant election commission, registered
candidates, political parties, political party
blocs can call authorized representatives back
and appoint others. If there is such warning,
election commission shall consider the card
of the authorized representative called back
invalid.
An authorized representative can return the
card submitted to him/her to the relevant election
commission on his/her own initiative by warning
registered candidate, as well as political parties
or political party blocs at any time and refuse
from his/her authorities.
Term of office of authorized representatives
of candidates, political parties, political
party blocs shall commence since the date of
their appointment and finishes on the date of
losing candidate status of all candidates and
candidates nominated by political parties, political
party blocs not later than the day of official
publication of general electoral returns.