Approved by Decision
#18/72
of the Central Election Commission
of the Republic of Azerbaijan
INSTRUCTION
on participation of stateless persons with permanent
residence in the Republic of Azerbaijan in Elections
to the Milli Majlis of the Republic of Azerbaijan
1. The Instruction
defines rules for the participation of stateless
persons with permanent residence in the Republic
of Azerbaijan in the Elections to the Milli
Majlis of the Republic of Azerbaijan (hereafter
referred to as Milli Majlis) by considering
requirements of Article 56 of the Constitution
of the Republic of Azerbaijan and Article 14
of the Election Code of the Republic of Azerbaijan.
2. Stateless persons with permanent residence
in the Republic of Azerbaijan shall have the
right to participate in elections in the following
cases pursuant to Articles 12.1 and 12.2 of
Election Code:
2.1. to be at the age of 18 on the day of Elections
to the Milli Majlis (including this day, too);
2.2. when living within the territory of the
Republic of Azerbaijan not less than 5 years
up to the appointment of Elections to the Milli
Majlis (including the day of appointment of
elections).
3. Persons who don’t consider even at least
one of the requirements implied by the item
# 2 of this Instruction shall be prohibited
to participate in elections.
4. The persons implied by item # 2 of the Instruction
shall be prohibited to participate in the implementation
of other election actions excluding participation
in the voting during Elections to the Milli
Majlis.
5. The document determining the status of the
stateless person permanently residing in the
Republic of Azerbaijan is the identification
card issued to the stateless person who has
attained the age of 16 years old in conformity
with the “Regulation on special documents of
foreigners and stateless persons permanently
residing in the Republic of Azerbaijan” approved
by the Law of the Republic of Azerbaijan dated
to December 30, 1997.
Furthermore, residence of this person in the
Republic of Azerbaijan not less than 5 years
shall be approved by relevant documents.
6. Inclusion of the stateless person permanently
residing in the Republic of Azerbaijan in the
voters’ list of the polling station shall be
implemented based on the fact of permanent residing
of the same person within the territory of the
relevant polling station at least within 6 months
of 12 months before the date of announcement
of elections pursuant to Article 47.2 of Election
Code. This fact shall be determined by the body
performing his/her residence registration.
7. The Ministry of Internal Affairs of the Republic
of Azerbaijan delivers the list of stateless
persons aged 18, permanently residing in the
Republic of Azerbaijan for not less than 5 years
to the relevant Constituency Election Commission
(Con.EC) in order and time considered by Election
Code for citizens of the Republic of Azerbaijan.
The Con.ECs shall ensure the delivery of those
lists to the Precinct Election Commissions (PECs)
on residences of the stateless persons at least
35 days prior to Election Day.
Specifications and relevant amendments to the
names of these persons included in the lists
shall be made by the PEC in the case defined
by Election Codeat least 35 days prior to the
voting day.
8. Stateless persons aged 18 with permanent
residence in the Republic of Azerbaijan for
not less than 5 years shall be included in the
permanent voter list by PECs in the case defined
by Article 46 of Election Code and these persons
shall be provided with voter cards. While including
stateless persons in the permanent voters list,
the secretary of the relevant election commission
shall take relevant notes before the names of
the stateless persons.
Including stateless persons aged 18 with permanent
residence in the Republic of Azerbaijan for
not less than 5 years in the voters list, excluding
them from the voters list, providing them with
de-registration cards and make familiar with
voters list shall be determined for citizens
of the Republic of Azerbaijan with active suffrage
by Election Code, above-mentioned Rules, Regulations
and Instructions adopted by Central Election
Commission on these issues.
9. Stateless persons aged 18 with permanent
residence in the Republic of Azerbaijan for
not less than 5 years shall have the same rights
and duties as citizens of the Republic of Azerbaijan
have during realization of the right to vote
in Elections to the Milli Majlis.
10. Neglecting rules defined by Election Code
and this Instruction by the stateless persons
shall cause liability of these persons pursuant
to Article 15.5 of Election Code.