Approved by Decision #41/191
of the Central Election Commission
of the Republic of Azerbaijan

INSTRUCTION

on rules how to consider complaints and applications received by Election Commissions regarding violation of election rights

1. Rules, time and form of the complaint about decision and actions (lack of actions) which violate citizens’ election rights (Article 112 of Election Code of the Republic of Azerbaijan)
1.1. The complaint under Art.. 112 of the code can be lodged in writing or orally, against the decision, action or inaction which violates citizens’ election rights, within 3 days after the date the very decision is published or made (delivered) or the date action (inaction) has occurred or the interested person is informed about it.
1.1.1. The period to file the complaint starts from the moment the right is gained to file the complaint, that is the decision, action or inaction which violates citizens’ election rights, the publication or receipt of such decision, the date action (inaction) has occurred or the information has reached the interested person; and ends upon filing the complaint by mail or to any commission.
1.1.2. Complaints against decisions, actions or inactions of PECs, against actions and inactions of PECs’ chairman are filed to the relevant ConEC;
1.1.3. Complaints against decisions, actions or inactions of ConECs, against actions and inactions of ConECs chairman are filed to the CEC.
1.1.4. Decisions or the actions (inaction) of the Central Election Commission will be appealed to the Court of Appeal according to Art..290, 291 and 292 of Civil Procedure Code.
1. 2. The complaint will mention the following indications, complying with the formats n.1 and n.2 and 3, attached to this instruction:
1.2.1.election commission to whom the complaint is addressed;
1.2.2. subject that is filing the complaint, and address for notification of hearing;
1.2.3.decision, action or inaction that is object of the complaint:
1.2.3.a. if it is a decision, it has to be attached to the complaint, and the election commission or state body, responsible person that has taken the challenged decision has to be clearly indicated;
1.2.3.b. if it is action (action that a person or authority was not supposed to take), the author of the illegal action must be indicated, if it is known, or the action itself must be clearly indicated with reference to the time and place where it has been made;
1.2.3.c. if it is inaction (action that a person or authority was legally supposed to take, but he did not take), applicant will indicate the date of un-attended request and authority and person that has not taken the requested action.
1.2.4 ground for the complaint: assumed violation of electoral code, or of other legislative or normative acts;
1.2.5. evidences of the assumed violation, if it is the case.
1.2.6. request of the complainant
1.2.7. the complainant shall sign this complaint. If the complaint is filed by the political party or political party blocs participating in elections, then the complaint shall be signed by the authorized representative by attaching the document approving authorities of the authorized representative.
1.3. The complaint must meet the requirements of p.l.2, and if complainant’s petition is not clear for lack of any of requirements set by Art.. 1.2 of this instruction , the complaint is returned to the sender by the authorized person of the commission, without bringing the complaint to the commission session.
1.4. In any case, either when the complaint is presented orally or in written, the authorized person of the commission that receives it, will make sure that all above mentioned requirements are mentioned.
1.5. Refusal by an election officer or commission chairman to register a complaint, within their competence, or to investigate a complaint or failure to indicate the requirements indicated in Art..1.2 of this Instruction, registering an oral complaint, may create liability under Art..115 of electoral code and according to the rules and time defined by the law.

2. Applications and complaints related to inclusion in/exclusion from voters’ lists
2.1. Applications about personal inclusion in/exclusion from voter list are filed with PEC orally or in written form, as per Art.. 48.2 Election Code, until 35 days prior to Election Day. Applications can be in oral and written form. They will be decided upon within one day following the date of the application. If PEC will accept the application, it will solve the issue about correcting the list, until 35 days prior to Election Day; if the application is rejected, the dispute may be considered by the superior election commission.
2.2 After such time limit (35 days prior to election day, including the voting day), complaints and applications on that matter are filed directly to District (City) Court, according to Art.. 285.01, 290 civil procedure code and Art.. 46.1 el. Code.
2.3. If PECs however received an application to revise the voter list after that time limit, it shall adopt a decision not to accept the application of that applicant, giving an explanation about the rule and the time to make application to the relevant court. If such application is well grounded, but due to the 35 days limit cannot be accepted, then PEC chairman may present his positive opinion regarding the case. (If a voter has made an oral application without requesting a registration of his application, the responsible commissioner will send the applicant to the court by explaining him the right and the rule to apply to the court)
2.4 The applicant may file his complaint with the district Court, according to the civil procedure code.

3. Applications and complaints received on voting day.
3.1. Complaints and applications within PEC competence on voting day, will be considered immediately and decided by PECs according to Art.. 37.1.9 el. Code.
Complaints against such decisions, actions or inactions by PECs or its chairman, will fall under the category of Art.. 112 of the Code and be treated consistently by the relative ConEC.
3.2 Complaints by electoral subjects or members of election commissions on election day related to voting procedures or counting operations or any other violation of the el. code, will be mentioned in a separate logbook of complaints and decisions, to be kept by PEC and shall be attached to final protocol and sent to ConEC according to Art..106.7 of el. Code.
Such logbook will contain the following information according to the format “1a” that is attached to this Instruction:
all complaints in progressive number,
name, surname, patronymic and authorities of electoral subject that has filed the complaint,
time of the filing,
request of the complainant
decision taken by the PEC.
Upon request, the complainant will be given by PEC copy of the decision and a receipt with indication of information mentioned in the logbook.
4.Other Applications
4.1 Applications (excluding complaints and applications related to voters’ lists) will be considered by the relevant commissions according to this instruction at p. 11.
4.2. Applications received through hotlines or Internet at CEC shall be replied immediately, informing the applicant about his rights, if possible.
Applications received through hotlines and Internet are registered in corresponding log books (applicant, context, receiving person, execution). If such application is regarded as information, it is forwarded to competent authorities.
The status of the applications received through hotlines or Internet may be entered in the agenda for discussion at CEC session, according to requirements of Article 19.12 of Election Code, upon request of CEC members.

5. Steps to be taken by election commissions receiving an application or complaint

5.1.Excluding the cases under Art..3 of this Instruction, PECs are expected to:
5.1.1 receive and register the written application
5.1.2 fill the form # 1 provided by CEC with all indications requested by this Instruction, in case of oral application;
5.1.3 provide the applicant who has filed the application in person, with a receipt of the registered application
5.1.4. If a complaint or application is received by mistake, considering the competence rules, the head of the commission (responsible commissioner investigating the complaint) will forward the case accordingly without bringing it to commission session.
5.1.5. If PEC receives information having criminal attributes, PEC chairman immediately sends that information to relevant ConEC, accordingly.
5.1.6. If a complaint or application is received by mistake, considering the competence rules, and brought to commission session, the decision shall be adopted to send the application, accordingly.
5.1.7. If received complaint or application is within competence of commission which received it and other commission or authority, the relevant commission shall consider the application according to substance, solve the issues within its competence and adopt a decision to send the case regarding the issues within competence of other authority.

5.2. CEC and ConECs are expected to:
5.2.1 receive and register the written application
5.2.2 In case of oral application, will ensure all the requirements according to attachments # 2 and 3 of this Instruction are indicated.
5.2.3 provide the applicant who has filed the application in person, with a receipt of the registered application
5.2.4. act as in Art.. 7 of this instruction
5.2.5. If a complaint or application is received by mistake, considering the competence rules, and brought to commission session, the decision shall be adopted to send the application accordingly.
5.2.6. If received complaint or application is within competence of commission which received it and other commission or authority, the relevant commission shall consider the application according to substance, solve the issues within its competence and adopt a decision to send the case regarding the issues within competence of other authority.
5.2.7 Applications that refer to unlawful actions related to elections (but do not consist in actions, inactions or decisions of election commissions), will be regarded in first instance, as information on that violation, and the relevant election commission shall take appropriate measures according to the electoral code and Art..60.6, 68.5, 87.9, 88.7, 88.8, 113, 115 and 116.
5.2.8 If the seized commission or its chairman does not take satisfactory measures, the action, inaction or decision; of the commission; or the action, inaction of the chairman can be challenged according to Art..1.1.3 and 1.1.4 of this Instruction.
5.2.9 If received written application contains criminal attributes and is not related to elections, by abiding registration and distribution rules, it is sent to prosecutors’ office without considering it in session.
5.2.10 If ConEC receives application from election subjects and such application contain criminal attributes which are related to elections, by abiding registration and distribution rules, commission shall discuss it in session and take measures related to parts within its competence, and if decides that law violations indicated in complaint contain likelihood of actions under Criminal Code of the Republic of Azerbaijan, adopts grounded decision to eliminate violations indicated in the complaint and to inform relevant prosecutors’ office about such actions. A copy of that complaint is attached to information. If the Con.EC has difficulties with determination of actions or suspicion defined by Criminal Code when considering the complaints or applications, then it shall send the complaint to CEC for the opinion on this issue besides solving the issue within its competence.
5.2.11.When considering the complaints received by CEC from ConEC, Legal Department of CEC Secretariat gives its opinion whether law violations indicated in complaint can be considered a crime , and to determine whether there is likelihood of actions under Criminal Code of the Republic of Azerbaijan.
5.2.12. If Legal Department determines the cases under Art.. 5.2.11. of this Instruction Secretariat sends the complaint to relevant prosecutors’ office. The copy of that complaint is attached to the letter.
5.2.13. If Legal Department does not determine the mentioned attributes in complaints received by CEC from ConEC, the complaint is filed.
5.2.14. In case of complaints that a lower commission has not taken a duly action or has not decided upon a lawful request of the complainant, after registration of such complaint, the authorized official responsible for investigation of the case verifies with the lower commission if the request had actually been made and that the response had not been given. After such verification, the case is brought to the commission for discussion on the substance of the case, according to the procedure set for cases under par. 7 (Art.. 112).
6. Complaint record
Each commission will maintain a record (log book) of all complaints received, with date of reception and progressive number; and a record of forwarded complaints, according to a format that will be indicated by the CEC and whose model is attached to the present instructions (Att. #1b, 2a and 3a).

7. Handling of complaints by the ConEC and CEC
7.1 Upon receiving and registering a complaint, the Secretariat of the seized commission will immediately inform the chairman of it.
In the same day of reception, the Chairman will divide registered complaints into 2 categories:
7.a. appeals against a previous decision, action or in-action of a lower commission or actions or in-actions of commission chairman
7.b. other applications
Each category will have its own progressive order.
7.2 Chairman will then assign each complaint to one of the two secretaries or other commissioners as decided by the chairman, following the progressive order, one to each member, per each category.
7.3 Within the day following the registration, the commissioner in charge, after consultations with the chairman, will set the date in which the complaint will be dealt with by the commission.
7.4. If a complaint is filed on Election Day or the day after election, according to Art..106.7, 107.4, and 108.3 of Election Code, the assignment according to 7.2 will be implemented immediately upon registration of the complaint, and the hearing will be held on the same day.
8. Powers of ConEC and CEC regarding investigation of complaints and applications.
8.1 After a complaint has been registered, the commission will have the following powers:
a) To establish its own competence or forward the case to another ConEC or the CEC
b) to review the complaint and request further information
c) make its own inquiries and investigations
d) seek information from the complainant
e) seek information from other candidates
f) seek the assistance of official bodies to provide the commission with further information within a specific deadline
g) seek, if available, supporting documents (videos, records, written material, and so on)
h) other actions, as required
8.2. If commission has taken a decision regarding the complaint, the complainant shall be notified about such decision.
8.3. If a ConEC refuses to consider a complaint under Art.7 without sound reason, the CEC, within its competence, will impose a penalty on the relevant responsible person of ConEC according to the legislation.
9. Session of the Election Commission on the complaint
9.1. A day before the complaint is considered at the commission session, the complainant shall be informed in person, if he has so requested in his application, through phone or mail of the session, its place and time. Absence of the applicant at the session doesn’t impede consideration of the issue. Even if the complainant is not informed, his request to be present at the session shall be granted.
9.2. At the session, the reporter in charge of the complaint will make a short report on the case; If the complainant and his authorized representative is present at the session, he will be entitled to explain his complaint in a short presentation. The commission whose decision is under scrutiny may be also invited to the session and its authorized representative will have the right to explain the reason for their decision.
The complainant has also the right to present new evidence, through documents or witnesses.
After the complainant has presented his case and the evidence, and investigation is over, by the decision of the head of the session, the complainant will leave the session room from the moment the discussion for the decision starts until the decision announcement. The decision is announced publicly immediately after it has been adopted.
9.3 Chairman (or the head of the session) has the power to conduct the session in the most appropriate way, in the respect of legal rights of electoral subjects and commission members, as well as considering the agenda of the session, the number of complaints, legal deadlines and need for clarifications on the complaint. Everybody who is present at the session has to abide to chairman’s decisions on the conduct of the session. Otherwise, chairman can take appropriate measures (from warning to exclusion from the session) for reasons of order of the session itself. If a warning or other measure is taken, it will be recorded in the session protocol.
9.4. The commission will take decision abiding legal deadlines. If further investigation were required, the commission will take appropriate decision within the 3 days deadline, or immediately if complaint has been received on Election Day, and such interlocutory decision will be taken considering the legal deadline of Art. 112.10.
9.5. General department of CEC, by using appropriate methods, controls timely and accurate consideration of complaints by CEC and Con.EC. At least once in 10 days the department reports to CEC chairman regarding the status of complaint consideration. The status of complaint consideration by CEC and Con.EC shall be discussed at the CEC sessions not less that twice a month. Chairman of the appropriate commission is responsible for the status of complaint considerations in election commissions.
10. Possible decisions by election commissions upon a complaint.
The election commission considering a complaint has the following competence:
10.1.To annul the decision adopted by the lower election commission;
10.2.To adopt a decision on substance of the complaint, accepting or rejecting it, amongst other:
10.2.1 to warn an electoral subject, according to Art. 113.1;
10.2.2. to refuse the candidate registration, under circumstances in Art. 113.2;
10.2.3. To appeal to Court for invalidation of a candidate registration, after it had been registered, according to Art.. 113.2.
10.3. To give instruction to lower commission to review the issue, which the complaint was lodged about
10.4. To send the complaint accordingly, if the complaint is outside the competence of the election commission which considers it.
10.5. Decisions of the commission on a complaint, will be adopted within the 3rd day following the registration of the complaint or, on voting day, immediately; they will be officially announced and published (also on the website), immediately after the session and in any case within the next 24 hours from the adoption, and will be delivered or sent to the complainant.
If further investigation is needed, commission may adopt, within the same deadline (3 days), an interlocutory decision. That decision will be sent to the applicant.
All decisions will be legally and logically motivated in writing, and giving ground for their conclusions.

11. Competence of election commissions for applications and complaints
11.1. In order to determine the cases that are within competence of relevant election commission the following rules should be abided:
• Complaints are filed within rules and time established by the law, that is 3 days from the decision, or the occurrence of the action or inaction, or the information has reached the interested person;
• Complaints and applications are lodged by the person who has right (El. Code Art. 112.1) to do so: that is voters, candidates, registered candidates, political parties, blocks of political parties, referendum campaigning groups, agents of registered candidates, political parties, blocks of political parties, referendum campaigning groups, observers, as well as election commissions;
• Applications are filed within rules and time established by the law, that is since the moment the right has been gained and through its expiration;
• a decision about the matter has not been adopted already by the competent election commission to which the request is addressed;
• considering the request according to the substance and complying with it is directly possible by that commission

11.2. An application or a complaint is to be filed to the election commission that has the authority to take a decision on the substance of the matter according to Election Code
11.3. Election commissions cannot consider an application or complaint on its substance on matters that are outside their competence; In this case, they can adopt a decision to reject such application or to forward it accordingly.
11.4. Based on mentioned duties of CEC1, this body has overall authority on the election process, and is directly responsible, as a first instance venue, amongst other matters, for formation of ConECs, approval of the unified regulations for distribution of air time; approval of samples of election ballot papers, and other election documents; registering the observers.
11.5.Based upon mentioned duties of ConECs2, these have authority during parliamentary elections amongst other matters, about all procedures related to registration of candidates and cancellation; the pre election campaign; formation of PECs within their constituency; determine results of vote counting.
11.6.Based upon mentioned duties of PECs3, these have authority regarding voters’ lists up to 35 days prior to Election Day, and all election procedures on voting day and during counting of votes before completion of final protocol.

_____________________________

1 Article 25. Authorities of the Central Election Commission.

25.1. The Central Election Commission shall ensure preparation and holding of presidential elections, elections of deputies of the Milli Majlis of the Republic of Azerbaijan, as well as referenda and municipality elections.

25.2. The Central Election Commission shall carry out the following general authorities:

25.2.1. supervise the observation of people’s suffrage during preparation and holding of elections (referendum), carries out the actions related to financing of elections (referenda), ensures the identical and correct application of the relevant Articles of this Code.
25.2.2. consider within own authorities the complaints related to violation of rules set forth in the Code, and make grounded decisions.
25.2.3. form Constituency Election Commissions in accordance with its composition principles.
25.2.4. manage the activity of constituency and Precinct Election Commissions;
25.2.5. work out standards for technical equipment necessary for the activity of election commissions, approve the standards and supervise their observation;
25.2.6. ensure delivery of ballot papers (referendum ballots) (hereinafter – the ballot papers), envelopes for ballot papers, protocols, de-registration cards and other election (referendum) related documents (hereinafter “election documents”) to the Constituency Election Commission;
25.2.7. ensure preparation and holding of elections (referenda), implementation of the programs related to development of the election (referendum) system, increase legal awareness of voters, conduct trainings for education of members of election commissions and provide the implementation of programs on professional qualification of the latter;
25.2.8. within the territory of election constituency create conditions for pre-election campaign of candidates, registered candidates, political parties, blocks of political parties and pre-referendum campaign of referendum campaign groups; approve the unified regulations for distribution of air time between registered candidates, political parties, blocks of political parties and referendum campaign groups, specify the rules of publication of voting and referendum results;
25.2.9. distribute funds allocated from the State budget to preparation and holding of elections (referenda), and supervise their usage for the specified purpose;
25.2.10. render legal, methodical, technical and organizational assistance to election commissions;
25.2.11. approve samples of election ballot papers, envelopes for ballot papers, voters lists, de-registration cards, voting protocols and other election documents, and ensure their preparation and protection;
25.2.12. approve rules for storage of election materials and keeping them in archives;
25.2.13. approve standards for technical supply of election commissions and supervise their observation; approve samples of seals of election commissions;
25.2.14. supervise funding of pre-election campaign;
25.2.15. provide voters with information about terms, rules of voters’ action and course of holding of elections (referendum);
25.2.16. supervise ensuring of provision of election commissions with premises, transport and communication means, and solve other logistic issues related to elections (referendum);
25.2.17. compile an integrated voters list together with relevant executive authorities and municipal bodies;
25.2.18. get information from relevant executive authorities and municipal bodies about issues related to preparation and conduct of elections;
25.2.19. ensure use of the State Automated Information System on a basis of identical rules;
25.2.20. register the observers and provide them with badges of appropriate design;
25.2.21. define own work routine, as appropriate to Articles 28.1 and 28.5 of this Code;
25.2.22. cancel illegal decisions of election commissions, apply to the relevant commission with regard to the chairmen and secretaries of the election commissions, which do not appropriately fulfill their responsibilities;
carry out other authorities in accordance with this Code.

2 Article 31. Duties of Constituency Election Commissions.

31.1. The Constituency Election Commission shall perform the following general duties:
31.1.1. supervise observation of suffrage of citizens of the Republic of Azerbaijan on the territory of election constituency;
31.1.2. consider within own authorities the complaints related to violation of rules set forth in the Code, and makes grounded decisions;
31.1.3. create conditions for candidates, registered candidates, political parties, blocks of political parties on the territory of election constituency for their pre-election activity and for pre-referendum activities of referendum campaign groups;
31.1.4. name the Precinct Election Commissions on the territory of election constituency and ensures numbering of precinct commissions on the base of unified rule;
31.1.5. ensure delivery of ballots, envelopes for ballot papers, protocols, de-registration cards and other election documents to Precinct Election Commissions;
31.1.6. distribute funds allocated for preparation and holding of elections (referenda) among Precinct Election Commissions, supervises use of the funds for the specified purpose;
31.1.7. receive information from the relevant executive authority bodies and municipalities related to preparation and holding of elections (referenda);
31.1.8. inform voters about rule and term of performance of election actions in the course of elections (referenda), publishes information about the registered candidates and preliminary election (voting) results;
31.1.9. supervise provision of Precinct Election Commissions with premises, transport and communication means, fulfillment of relevant decisions made in relation with material and technical supply of elections;
31.1.10. render organizational and technical assistance to Precinct Election Commissions on the territory of election constituency on holding of voting in election precincts;
31.1.11. co-ordinate activity of Precinct Election Commissions;
31.1.12. ensure storage of election (referendum) documents in accordance with rules approved by the Central Election Commission;
31.1.13. ensure submission of documents related to preparation and holding of elections (referenda) to the Central Election Commission, including protocols on outcomes of voting (elections);
31.1.14. ensure use of the State Automated Information System on the territory of election constituency on the basis of a unified rule;
31.1.15. provide instructions to the members of precincts election commissions.
31.1.16. cancel illegal decisions of Precinct Election Commissions.

3 Article 37. Duties of the Precinct Election Commission.

37.1 The Precinct Election Commission shall perform the following duties during preparation and conduct of referendum, elections of deputies to the Milli Majlis, Presidential elections and elections to municipalities:
37.1.1. inform the public about the address of the Precinct Election Commission, its telephone number, business hours, and also about date and place of voting;
37.1.2. approve and specifies the voters list; displays this list for voters information; distributes (delivers) de-registration cards to voters; examines applications about mistakes and errors on the voters list and makes relevant changes;
37.1.3. ensure that the voting place, as well as the ballot box and other equipment are ready for the voting process;
37.1.4. inform the voters about the issues to be discussed by a referendum, about the registered candidates and the list of registered candidates;
37.1.5. control compliance with the rules for pre-election and pre-referendum campaigning within the territory of the election precinct;
37.1.6. issue de-registration cards for voting;
37.1.7. organize voting on the voting day at the election precinct;
37.1.8. determine the voting results for the election precinct, counts votes and delivers the protocols on voting results to the Constituency Election Commission;
37.1.9. examine complaints on violation of requirements of this Code within its powers and makes grounded decision;
37.1.10. ensure preservation of documents on preparation and conduct of elections in accordance with the rules approved by the Central Election Commission and of their submission in accordance with the relevant rules;
37.1.11. perform other duties in conformity with this Code.

Appendix #1

Appendix #1a

Appendix #1b

Appendix #2

Appendix #2a

Appendix #3

Appendix #3a

Approved by Decision #41/191
of the Central Election Commission
of the Republic of Azerbaijan

INSTRUCTION

on rules how to consider complaints and applications received by Election Commissions regarding violation of election rights

1. Rules, time and form of the complaint about decision and actions (lack of actions) which violate citizens’ election rights (Article 112 of Election Code of the Republic of Azerbaijan)
1.1. The complaint under Art.. 112 of the code can be lodged in writing or orally, against the decision, action or inaction which violates citizens’ election rights, within 3 days after the date the very decision is published or made (delivered) or the date action (inaction) has occurred or the interested person is informed about it.
1.1.1. The period to file the complaint starts from the moment the right is gained to file the complaint, that is the decision, action or inaction which violates citizens’ election rights, the publication or receipt of such decision, the date action (inaction) has occurred or the information has reached the interested person; and ends upon filing the complaint by mail or to any commission.
1.1.2. Complaints against decisions, actions or inactions of PECs, against actions and inactions of PECs’ chairman are filed to the relevant ConEC;
1.1.3. Complaints against decisions, actions or inactions of ConECs, against actions and inactions of ConECs chairman are filed to the CEC.
1.1.4. Decisions or the actions (inaction) of the Central Election Commission will be appealed to the Court of Appeal according to Art..290, 291 and 292 of Civil Procedure Code.
1. 2. The complaint will mention the following indications, complying with the formats n.1 and n.2 and 3, attached to this instruction:
1.2.1.election commission to whom the complaint is addressed;
1.2.2. subject that is filing the complaint, and address for notification of hearing;
1.2.3.decision, action or inaction that is object of the complaint:
1.2.3.a. if it is a decision, it has to be attached to the complaint, and the election commission or state body, responsible person that has taken the challenged decision has to be clearly indicated;
1.2.3.b. if it is action (action that a person or authority was not supposed to take), the author of the illegal action must be indicated, if it is known, or the action itself must be clearly indicated with reference to the time and place where it has been made;
1.2.3.c. if it is inaction (action that a person or authority was legally supposed to take, but he did not take), applicant will indicate the date of un-attended request and authority and person that has not taken the requested action.
1.2.4 ground for the complaint: assumed violation of electoral code, or of other legislative or normative acts;
1.2.5. evidences of the assumed violation, if it is the case.
1.2.6. request of the complainant
1.2.7. the complainant shall sign this complaint. If the complaint is filed by the political party or political party blocs participating in elections, then the complaint shall be signed by the authorized representative by attaching the document approving authorities of the authorized representative.
1.3. The complaint must meet the requirements of p.l.2, and if complainant’s petition is not clear for lack of any of requirements set by Art.. 1.2 of this instruction , the complaint is returned to the sender by the authorized person of the commission, without bringing the complaint to the commission session.
1.4. In any case, either when the complaint is presented orally or in written, the authorized person of the commission that receives it, will make sure that all above mentioned requirements are mentioned.
1.5. Refusal by an election officer or commission chairman to register a complaint, within their competence, or to investigate a complaint or failure to indicate the requirements indicated in Art..1.2 of this Instruction, registering an oral complaint, may create liability under Art..115 of electoral code and according to the rules and time defined by the law.

2. Applications and complaints related to inclusion in/exclusion from voters’ lists
2.1. Applications about personal inclusion in/exclusion from voter list are filed with PEC orally or in written form, as per Art.. 48.2 Election Code, until 35 days prior to Election Day. Applications can be in oral and written form. They will be decided upon within one day following the date of the application. If PEC will accept the application, it will solve the issue about correcting the list, until 35 days prior to Election Day; if the application is rejected, the dispute may be considered by the superior election commission.
2.2 After such time limit (35 days prior to election day, including the voting day), complaints and applications on that matter are filed directly to District (City) Court, according to Art.. 285.01, 290 civil procedure code and Art.. 46.1 el. Code.
2.3. If PECs however received an application to revise the voter list after that time limit, it shall adopt a decision not to accept the application of that applicant, giving an explanation about the rule and the time to make application to the relevant court. If such application is well grounded, but due to the 35 days limit cannot be accepted, then PEC chairman may present his positive opinion regarding the case. (If a voter has made an oral application without requesting a registration of his application, the responsible commissioner will send the applicant to the court by explaining him the right and the rule to apply to the court)
2.4 The applicant may file his complaint with the district Court, according to the civil procedure code.

3. Applications and complaints received on voting day.
3.1. Complaints and applications within PEC competence on voting day, will be considered immediately and decided by PECs according to Art.. 37.1.9 el. Code.
Complaints against such decisions, actions or inactions by PECs or its chairman, will fall under the category of Art.. 112 of the Code and be treated consistently by the relative ConEC.
3.2 Complaints by electoral subjects or members of election commissions on election day related to voting procedures or counting operations or any other violation of the el. code, will be mentioned in a separate logbook of complaints and decisions, to be kept by PEC and shall be attached to final protocol and sent to ConEC according to Art..106.7 of el. Code.
Such logbook will contain the following information according to the format “1a” that is attached to this Instruction:
all complaints in progressive number,
name, surname, patronymic and authorities of electoral subject that has filed the complaint,
time of the filing,
request of the complainant
decision taken by the PEC.
Upon request, the complainant will be given by PEC copy of the decision and a receipt with indication of information mentioned in the logbook.
4.Other Applications
4.1 Applications (excluding complaints and applications related to voters’ lists) will be considered by the relevant commissions according to this instruction at p. 11.
4.2. Applications received through hotlines or Internet at CEC shall be replied immediately, informing the applicant about his rights, if possible.
Applications received through hotlines and Internet are registered in corresponding log books (applicant, context, receiving person, execution). If such application is regarded as information, it is forwarded to competent authorities.
The status of the applications received through hotlines or Internet may be entered in the agenda for discussion at CEC session, according to requirements of Article 19.12 of Election Code, upon request of CEC members.

5. Steps to be taken by election commissions receiving an application or complaint

5.1.Excluding the cases under Art..3 of this Instruction, PECs are expected to:
5.1.1 receive and register the written application
5.1.2 fill the form # 1 provided by CEC with all indications requested by this Instruction, in case of oral application;
5.1.3 provide the applicant who has filed the application in person, with a receipt of the registered application
5.1.4. If a complaint or application is received by mistake, considering the competence rules, the head of the commission (responsible commissioner investigating the complaint) will forward the case accordingly without bringing it to commission session.
5.1.5. If PEC receives information having criminal attributes, PEC chairman immediately sends that information to relevant ConEC, accordingly.
5.1.6. If a complaint or application is received by mistake, considering the competence rules, and brought to commission session, the decision shall be adopted to send the application, accordingly.
5.1.7. If received complaint or application is within competence of commission which received it and other commission or authority, the relevant commission shall consider the application according to substance, solve the issues within its competence and adopt a decision to send the case regarding the issues within competence of other authority.

5.2. CEC and ConECs are expected to:
5.2.1 receive and register the written application
5.2.2 In case of oral application, will ensure all the requirements according to attachments # 2 and 3 of this Instruction are indicated.
5.2.3 provide the applicant who has filed the application in person, with a receipt of the registered application
5.2.4. act as in Art.. 7 of this instruction
5.2.5. If a complaint or application is received by mistake, considering the competence rules, and brought to commission session, the decision shall be adopted to send the application accordingly.
5.2.6. If received complaint or application is within competence of commission which received it and other commission or authority, the relevant commission shall consider the application according to substance, solve the issues within its competence and adopt a decision to send the case regarding the issues within competence of other authority.
5.2.7 Applications that refer to unlawful actions related to elections (but do not consist in actions, inactions or decisions of election commissions), will be regarded in first instance, as information on that violation, and the relevant election commission shall take appropriate measures according to the electoral code and Art..60.6, 68.5, 87.9, 88.7, 88.8, 113, 115 and 116.
5.2.8 If the seized commission or its chairman does not take satisfactory measures, the action, inaction or decision; of the commission; or the action, inaction of the chairman can be challenged according to Art..1.1.3 and 1.1.4 of this Instruction.
5.2.9 If received written application contains criminal attributes and is not related to elections, by abiding registration and distribution rules, it is sent to prosecutors’ office without considering it in session.
5.2.10 If ConEC receives application from election subjects and such application contain criminal attributes which are related to elections, by abiding registration and distribution rules, commission shall discuss it in session and take measures related to parts within its competence, and if decides that law violations indicated in complaint contain likelihood of actions under Criminal Code of the Republic of Azerbaijan, adopts grounded decision to eliminate violations indicated in the complaint and to inform relevant prosecutors’ office about such actions. A copy of that complaint is attached to information. If the Con.EC has difficulties with determination of actions or suspicion defined by Criminal Code when considering the complaints or applications, then it shall send the complaint to CEC for the opinion on this issue besides solving the issue within its competence.
5.2.11.When considering the complaints received by CEC from ConEC, Legal Department of CEC Secretariat gives its opinion whether law violations indicated in complaint can be considered a crime , and to determine whether there is likelihood of actions under Criminal Code of the Republic of Azerbaijan.
5.2.12. If Legal Department determines the cases under Art.. 5.2.11. of this Instruction Secretariat sends the complaint to relevant prosecutors’ office. The copy of that complaint is attached to the letter.
5.2.13. If Legal Department does not determine the mentioned attributes in complaints received by CEC from ConEC, the complaint is filed.
5.2.14. In case of complaints that a lower commission has not taken a duly action or has not decided upon a lawful request of the complainant, after registration of such complaint, the authorized official responsible for investigation of the case verifies with the lower commission if the request had actually been made and that the response had not been given. After such verification, the case is brought to the commission for discussion on the substance of the case, according to the procedure set for cases under par. 7 (Art.. 112).
6. Complaint record
Each commission will maintain a record (log book) of all complaints received, with date of reception and progressive number; and a record of forwarded complaints, according to a format that will be indicated by the CEC and whose model is attached to the present instructions (Att. #1b, 2a and 3a).

7. Handling of complaints by the ConEC and CEC
7.1 Upon receiving and registering a complaint, the Secretariat of the seized commission will immediately inform the chairman of it.
In the same day of reception, the Chairman will divide registered complaints into 2 categories:
7.a. appeals against a previous decision, action or in-action of a lower commission or actions or in-actions of commission chairman
7.b. other applications
Each category will have its own progressive order.
7.2 Chairman will then assign each complaint to one of the two secretaries or other commissioners as decided by the chairman, following the progressive order, one to each member, per each category.
7.3 Within the day following the registration, the commissioner in charge, after consultations with the chairman, will set the date in which the complaint will be dealt with by the commission.
7.4. If a complaint is filed on Election Day or the day after election, according to Art..106.7, 107.4, and 108.3 of Election Code, the assignment according to 7.2 will be implemented immediately upon registration of the complaint, and the hearing will be held on the same day.
8. Powers of ConEC and CEC regarding investigation of complaints and applications.
8.1 After a complaint has been registered, the commission will have the following powers:
a) To establish its own competence or forward the case to another ConEC or the CEC
b) to review the complaint and request further information
c) make its own inquiries and investigations
d) seek information from the complainant
e) seek information from other candidates
f) seek the assistance of official bodies to provide the commission with further information within a specific deadline
g) seek, if available, supporting documents (videos, records, written material, and so on)
h) other actions, as required
8.2. If commission has taken a decision regarding the complaint, the complainant shall be notified about such decision.
8.3. If a ConEC refuses to consider a complaint under Art.7 without sound reason, the CEC, within its competence, will impose a penalty on the relevant responsible person of ConEC according to the legislation.
9. Session of the Election Commission on the complaint
9.1. A day before the complaint is considered at the commission session, the complainant shall be informed in person, if he has so requested in his application, through phone or mail of the session, its place and time. Absence of the applicant at the session doesn’t impede consideration of the issue. Even if the complainant is not informed, his request to be present at the session shall be granted.
9.2. At the session, the reporter in charge of the complaint will make a short report on the case; If the complainant and his authorized representative is present at the session, he will be entitled to explain his complaint in a short presentation. The commission whose decision is under scrutiny may be also invited to the session and its authorized representative will have the right to explain the reason for their decision.
The complainant has also the right to present new evidence, through documents or witnesses.
After the complainant has presented his case and the evidence, and investigation is over, by the decision of the head of the session, the complainant will leave the session room from the moment the discussion for the decision starts until the decision announcement. The decision is announced publicly immediately after it has been adopted.
9.3 Chairman (or the head of the session) has the power to conduct the session in the most appropriate way, in the respect of legal rights of electoral subjects and commission members, as well as considering the agenda of the session, the number of complaints, legal deadlines and need for clarifications on the complaint. Everybody who is present at the session has to abide to chairman’s decisions on the conduct of the session. Otherwise, chairman can take appropriate measures (from warning to exclusion from the session) for reasons of order of the session itself. If a warning or other measure is taken, it will be recorded in the session protocol.
9.4. The commission will take decision abiding legal deadlines. If further investigation were required, the commission will take appropriate decision within the 3 days deadline, or immediately if complaint has been received on Election Day, and such interlocutory decision will be taken considering the legal deadline of Art. 112.10.
9.5. General department of CEC, by using appropriate methods, controls timely and accurate consideration of complaints by CEC and Con.EC. At least once in 10 days the department reports to CEC chairman regarding the status of complaint consideration. The status of complaint consideration by CEC and Con.EC shall be discussed at the CEC sessions not less that twice a month. Chairman of the appropriate commission is responsible for the status of complaint considerations in election commissions.
10. Possible decisions by election commissions upon a complaint.
The election commission considering a complaint has the following competence:
10.1.To annul the decision adopted by the lower election commission;
10.2.To adopt a decision on substance of the complaint, accepting or rejecting it, amongst other:
10.2.1 to warn an electoral subject, according to Art. 113.1;
10.2.2. to refuse the candidate registration, under circumstances in Art. 113.2;
10.2.3. To appeal to Court for invalidation of a candidate registration, after it had been registered, according to Art.. 113.2.
10.3. To give instruction to lower commission to review the issue, which the complaint was lodged about
10.4. To send the complaint accordingly, if the complaint is outside the competence of the election commission which considers it.
10.5. Decisions of the commission on a complaint, will be adopted within the 3rd day following the registration of the complaint or, on voting day, immediately; they will be officially announced and published (also on the website), immediately after the session and in any case within the next 24 hours from the adoption, and will be delivered or sent to the complainant.
If further investigation is needed, commission may adopt, within the same deadline (3 days), an interlocutory decision. That decision will be sent to the applicant.
All decisions will be legally and logically motivated in writing, and giving ground for their conclusions.

11. Competence of election commissions for applications and complaints
11.1. In order to determine the cases that are within competence of relevant election commission the following rules should be abided:
• Complaints are filed within rules and time established by the law, that is 3 days from the decision, or the occurrence of the action or inaction, or the information has reached the interested person;
• Complaints and applications are lodged by the person who has right (El. Code Art. 112.1) to do so: that is voters, candidates, registered candidates, political parties, blocks of political parties, referendum campaigning groups, agents of registered candidates, political parties, blocks of political parties, referendum campaigning groups, observers, as well as election commissions;
• Applications are filed within rules and time established by the law, that is since the moment the right has been gained and through its expiration;
• a decision about the matter has not been adopted already by the competent election commission to which the request is addressed;
• considering the request according to the substance and complying with it is directly possible by that commission

11.2. An application or a complaint is to be filed to the election commission that has the authority to take a decision on the substance of the matter according to Election Code
11.3. Election commissions cannot consider an application or complaint on its substance on matters that are outside their competence; In this case, they can adopt a decision to reject such application or to forward it accordingly.
11.4. Based on mentioned duties of CEC1, this body has overall authority on the election process, and is directly responsible, as a first instance venue, amongst other matters, for formation of ConECs, approval of the unified regulations for distribution of air time; approval of samples of election ballot papers, and other election documents; registering the observers.
11.5.Based upon mentioned duties of ConECs2, these have authority during parliamentary elections amongst other matters, about all procedures related to registration of candidates and cancellation; the pre election campaign; formation of PECs within their constituency; determine results of vote counting.
11.6.Based upon mentioned duties of PECs3, these have authority regarding voters’ lists up to 35 days prior to Election Day, and all election procedures on voting day and during counting of votes before completion of final protocol.

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1 Article 25. Authorities of the Central Election Commission.

25.1. The Central Election Commission shall ensure preparation and holding of presidential elections, elections of deputies of the Milli Majlis of the Republic of Azerbaijan, as well as referenda and municipality elections.

25.2. The Central Election Commission shall carry out the following general authorities:

25.2.1. supervise the observation of people’s suffrage during preparation and holding of elections (referendum), carries out the actions related to financing of elections (referenda), ensures the identical and correct application of the relevant Articles of this Code.
25.2.2. consider within own authorities the complaints related to violation of rules set forth in the Code, and make grounded decisions.
25.2.3. form Constituency Election Commissions in accordance with its composition principles.
25.2.4. manage the activity of constituency and Precinct Election Commissions;
25.2.5. work out standards for technical equipment necessary for the activity of election commissions, approve the standards and supervise their observation;
25.2.6. ensure delivery of ballot papers (referendum ballots) (hereinafter – the ballot papers), envelopes for ballot papers, protocols, de-registration cards and other election (referendum) related documents (hereinafter “election documents”) to the Constituency Election Commission;
25.2.7. ensure preparation and holding of elections (referenda), implementation of the programs related to development of the election (referendum) system, increase legal awareness of voters, conduct trainings for education of members of election commissions and provide the implementation of programs on professional qualification of the latter;
25.2.8. within the territory of election constituency create conditions for pre-election campaign of candidates, registered candidates, political parties, blocks of political parties and pre-referendum campaign of referendum campaign groups; approve the unified regulations for distribution of air time between registered candidates, political parties, blocks of political parties and referendum campaign groups, specify the rules of publication of voting and referendum results;
25.2.9. distribute funds allocated from the State budget to preparation and holding of elections (referenda), and supervise their usage for the specified purpose;
25.2.10. render legal, methodical, technical and organizational assistance to election commissions;
25.2.11. approve samples of election ballot papers, envelopes for ballot papers, voters lists, de-registration cards, voting protocols and other election documents, and ensure their preparation and protection;
25.2.12. approve rules for storage of election materials and keeping them in archives;
25.2.13. approve standards for technical supply of election commissions and supervise their observation; approve samples of seals of election commissions;
25.2.14. supervise funding of pre-election campaign;
25.2.15. provide voters with information about terms, rules of voters’ action and course of holding of elections (referendum);
25.2.16. supervise ensuring of provision of election commissions with premises, transport and communication means, and solve other logistic issues related to elections (referendum);
25.2.17. compile an integrated voters list together with relevant executive authorities and municipal bodies;
25.2.18. get information from relevant executive authorities and municipal bodies about issues related to preparation and conduct of elections;
25.2.19. ensure use of the State Automated Information System on a basis of identical rules;
25.2.20. register the observers and provide them with badges of appropriate design;
25.2.21. define own work routine, as appropriate to Articles 28.1 and 28.5 of this Code;
25.2.22. cancel illegal decisions of election commissions, apply to the relevant commission with regard to the chairmen and secretaries of the election commissions, which do not appropriately fulfill their responsibilities;
carry out other authorities in accordance with this Code.

2 Article 31. Duties of Constituency Election Commissions.

31.1. The Constituency Election Commission shall perform the following general duties:
31.1.1. supervise observation of suffrage of citizens of the Republic of Azerbaijan on the territory of election constituency;
31.1.2. consider within own authorities the complaints related to violation of rules set forth in the Code, and makes grounded decisions;
31.1.3. create conditions for candidates, registered candidates, political parties, blocks of political parties on the territory of election constituency for their pre-election activity and for pre-referendum activities of referendum campaign groups;
31.1.4. name the Precinct Election Commissions on the territory of election constituency and ensures numbering of precinct commissions on the base of unified rule;
31.1.5. ensure delivery of ballots, envelopes for ballot papers, protocols, de-registration cards and other election documents to Precinct Election Commissions;
31.1.6. distribute funds allocated for preparation and holding of elections (referenda) among Precinct Election Commissions, supervises use of the funds for the specified purpose;
31.1.7. receive information from the relevant executive authority bodies and municipalities related to preparation and holding of elections (referenda);
31.1.8. inform voters about rule and term of performance of election actions in the course of elections (referenda), publishes information about the registered candidates and preliminary election (voting) results;
31.1.9. supervise provision of Precinct Election Commissions with premises, transport and communication means, fulfillment of relevant decisions made in relation with material and technical supply of elections;
31.1.10. render organizational and technical assistance to Precinct Election Commissions on the territory of election constituency on holding of voting in election precincts;
31.1.11. co-ordinate activity of Precinct Election Commissions;
31.1.12. ensure storage of election (referendum) documents in accordance with rules approved by the Central Election Commission;
31.1.13. ensure submission of documents related to preparation and holding of elections (referenda) to the Central Election Commission, including protocols on outcomes of voting (elections);
31.1.14. ensure use of the State Automated Information System on the territory of election constituency on the basis of a unified rule;
31.1.15. provide instructions to the members of precincts election commissions.
31.1.16. cancel illegal decisions of Precinct Election Commissions.

3 Article 37. Duties of the Precinct Election Commission.

37.1 The Precinct Election Commission shall perform the following duties during preparation and conduct of referendum, elections of deputies to the Milli Majlis, Presidential elections and elections to municipalities:
37.1.1. inform the public about the address of the Precinct Election Commission, its telephone number, business hours, and also about date and place of voting;
37.1.2. approve and specifies the voters list; displays this list for voters information; distributes (delivers) de-registration cards to voters; examines applications about mistakes and errors on the voters list and makes relevant changes;
37.1.3. ensure that the voting place, as well as the ballot box and other equipment are ready for the voting process;
37.1.4. inform the voters about the issues to be discussed by a referendum, about the registered candidates and the list of registered candidates;
37.1.5. control compliance with the rules for pre-election and pre-referendum campaigning within the territory of the election precinct;
37.1.6. issue de-registration cards for voting;
37.1.7. organize voting on the voting day at the election precinct;
37.1.8. determine the voting results for the election precinct, counts votes and delivers the protocols on voting results to the Constituency Election Commission;
37.1.9. examine complaints on violation of requirements of this Code within its powers and makes grounded decision;
37.1.10. ensure preservation of documents on preparation and conduct of elections in accordance with the rules approved by the Central Election Commission and of their submission in accordance with the relevant rules;
37.1.11. perform other duties in conformity with this Code.

Appendix #1

Appendix #1a

Appendix #1b

Appendix #2

Appendix #2a

Appendix #3

Appendix #3a