Approved by Decision #21/89
of the Central Election Commission
of the Republic of Azerbaijan

INSTRUCTION
on the participation of military servants in Elections to the Milli Majlis of the Republic of Azerbaijan

1. The Instruction defines rules for the participation of military servants and activity of election precincts established in military units in Elections to the Milli Majlis of the Republic of Azerbaijan (hereafter referred to as the Milli Majlis) in accordance with Article 56 of the Constitution of the Republic of Azerbaijan, Articles 35.5, 36.7, 46.6, 46.9 and 47.3 of Election Code of the Republic of Azerbaijan (hereafter referred to as Election Code) and Article 6 of the Law of the Republic of Azerbaijan “on the Status of Military Servants” (hereafter referred to as Law “on the Status of Military Servants”).
2. Military servant in this Instruction refers to citizens of the Republic of Azerbaijan who are on real temporary or permanent military service at Armed Forces of the Republic of Azerbaijan and in military units implied by the legislation.
3. In accordance with Article 56 of the Constitution of the Republic of Azerbaijan, Articles 12.1 and 13.1 of Election Code, Article 6 of Law “on the Status of Military Servants”, military servants shall have active and passive suffrage as other citizens of the Republic of Azerbaijan in Elections to the Milli Majlis.
3.1. When the candidacy of military servants to the deputy of the Milli Majlis is nominated on the grounds and case defined by Articles 53-54 of Election Code, then they shall have equal rights and duties implied for all candidates in Election Code and relevant normative acts adopted by Central Election Commission of the Republic of Azerbaijan (hereafter referred to as Central Election Commission).
3.2. When he is nominated, the military servant shall inform his commander on this pursuant to legislation.
3.3. At the same time, in Elections to the Milli Majlis military servants can participate in the nomination of candidates, collection of voter signatures and pre-election campaign provided that they are dismissed from the execution of their duties temporarily.
3.4. While military servants realize their voting rights in Elections to the Milli Majlis, they shall have the same rights and duties as the other citizens of the Republic of Azerbaijan.
4. Pursuant to Article 35.5 of Election Code, military servants being on temporary military service shall vote in general precincts. In this case, they shall be taken to the precinct in the case defined by the commander-in-chief and via transport means allocated by the military unit.
5. If there is more than 1 hour for taking military servants to general precincts by public transport and the number of military servants is more than 50.
6. From the distance to the closest precinct and regardless of the number of military servants in posts of frontier forces, military units located in military conflict, military servants serving under specific regime shall vote in precincts established within the territories of the relevant military units.
7. Precincts shall be established within the military units at least 50 days and in external cases 5 days prior to the voting day.
7.1. Precinct Election Commission (PEC) established within the military unit shall be organized by the relevant Constituency Election Commission (Con.EC).
7.2. If the number of the family members having active suffrage of military servants, military servants settled in military units, military servants living within the military unit and other voters is less than 100 and more than 50, then the general meeting of voters on the precinct established within the military unit shall be conducted and PEC shall be selected out of them by open voting. The composition of the PEC within the military unit shall consist of 6 persons. After organizing PEC, its composition shall be approved by the relevant Con.EC pursuant to Article 36.7 of Election Code.
7.3. Boundaries of the relevant military unit shall be adopted as the boundaries of the precinct established within the military unit.
7.4. PEC within the military unit implements all authorities implied for the PEC established with general bases by Election Code and relevant regulations, instructions and comments adopted by Central Election Commission .
8. When a precinct is not established within the military unit, military servants shall be included in voters lists in the following case:
8.1. Military servants living permanently outside the military unit shall be included in the voter lists by general bases on the area settled by them. For including these persons in the voters lists on the precinct the fact that they live within the relevant precinct during at least 6 months of 12 months prior to the voting day pursuant to Article 47.2 of Election Code shall be taken as a basis.
8.2. Military servants within the military units, family members of military servants living within the military unit and other voters shall be included in the voters lists on the relevant precinct by taking as a basis the fact of living in the military unit permanently approved by the commander-in-chief on including bodies conducting registration of citizens of the Republic of Azerbaijan on the residence or place settled by them or citizens being on service of military call. The information about the mentioned persons shall be collected and specified by the commander-in-chief and submitted to the relevant PEC at least 35 days prior to the voting day.
9. The list of military servants who are to vote in precincts established within the military units, their family members and other persons shall be approved by the PEC in accordance with the information submitted by commanders-in-chief at least 25 days prior to the voting day.
10. After including military servants in the permanent voters lists in case defined by Article 46 of Election Code and the relevant Instruction by Central Election Commission, they shall be provided with voter cards by PEC.
10.1. The rule for including military servants in voters lists, exclusion from voters lists, making familiar them about voters lists and providing them with de-registration cards shall be determined for other citizens of the Republic of Azerbaijan having suffrage by Election Code, rules, comments and instructions on the issues mentioned above adopted by Central Election Commission.
11. Working rule of the PECs established with the military unit for the voting day shall be regulated by Election Code and the relevant Instruction by Central Election Commission.
11.1. The election commissioners, registered candidates, their authorized representatives and agents, authorized representatives and agents of political parties, political party blocs, domestic and foreign observers and representatives of mass media shall be allowed to enter rooms established by precincts within the military unit where election commission works and voting rooms without any interference.
In this aim, precincts within the military units shall be located so as without offending serving and working regime of the military unit, arrival and realization of the authorities of the mentioned persons shall be possible.
For ensuring the normal working regime and name of the precincts and military units established within the military unit, these precincts can be arranged in places near the entrance of the military unit.
11.2. When military servants come to the precinct on the voting day, they shall be provided with ballot papers only when submitting officer`s card or military card together with the voter card.
12. Counting of votes and completing final protocol of PEC in precincts established within the military unit shall be implemented pursuant to Articles 100 and 106 of Election Code, as well as the relevant Instruction adopted by Central Election Commission.