Approved by the Decision # 28/106
by Central Election Commission
of the Republic of Azerbaijan
dated on June 7, 2006
INSTRUCTION
on rules for the establishment of voters initiative groups and nomination of candidates on their own initiative or by voters initiative groups in Municipal Elections
1. During Municipal Elections in the Republic of Azerbaijan, nomination of a candidate or candidates to municipality membership by citizens’ own initiatives or initiative groups established by the citizens having active suffrage, shall be regulated by Articles 53, 212 and 214 of the Election Code of the Republic of Azerbaijan (hereafter referred to as Election Code).
1.1. In Municipal Elections, candidates are nominated after the official publication of the decision on the appointment of these elections.
1.2. Establishment of voter initiative groups and candidate nomination as one of the subjects nominating the candidate, shall be regulated according to the rule defined by legislation and this Instruction.
In the case implied by Article 215 of the Election Code of the Republic of Azerbaijan, compared with population number, the voters initiative group consisting of not less than
at least 30 persons - in the municipality whose population is more than 99.999,
at least 25 persons - in the municipality whose population is more than 49.999,
at least 20 persons - in the municipality whose population is more than 19.999,
at least 15 persons - in the municipality whose population is more than 9.999,
at least 10 persons - in the municipality whose population is more than 4.999,
at least 5 persons - in the municipality whose population is less than 4.999,
shall be established.
In this aim, voters intending to establish initiative group shall conduct their own meeting. The fact that the intending to establish voters initiative groups live within the territory of the relevant municipality shall be taken as a basis. The citizen or citizens intending to establish initiative group shall apply to in written form to the municipality administration or local representative of territorial executive authority on the allocation of venue for conducting meeting. The meeting of the voters initiative groups can be conducted on the residences of voters, as well as in the areas and buildings of executive or municipal authorities, other legal entities. After determining appropriate place, the voters intending to establish initiative group shall be informed about the place and time of the meting.
2. The following issues shall be discussed in this meeting:
2.1. Establishment and naming of voters initiative group in the case meeting requirements of item # 1.3 of the Instruction
2.2. Defining the person who will represent the group (the representative of the initiative group) (the person may be chairman or secretary of the meeting).
2.3. Nomination of candidates less or the same number as the number of the candidate or municipality members;
2.4. Apply to the Con.EC with notification for the approval of the candidate nomination.
Decision shall be adopted on each discussed issue included in the agenda of the meeting and a relevant session minute is compiled on this. This session minutes shall be signed by the chair and secretary of the meeting. It is possible to seal the session minutes by the stamp of the legal entities, these organizations, as well as the venue where the meeting was conducted belong to.
3. The following documents shall be submitted to the relevant Constituency Election Commission (Con.EC) for the nomination of a candidate or candidates to municipality membership:
3.1. session minutes of the meeting on the establishment of voters initiative group and candidate nomination (Appendice # 4 to the Instruction);
3.2. separately compiled notification on the initiative to nominate each candidate (Appendice 2 to the Instruction);
3.3. information on the imprisonment, citizenship and commitment of each person nominated to municipality membership if he/she has, compiled pursuant to Article 53 of Election Code, as well as application on commitment on the termination of his/her activity if it does not suit the post when elected municipality member (Appendice # 3 made to Instruction).
3.4. If the candidate appointed an authorized representative, then the powers of attorney of the authorized representative approved in the notary order (Appendice # 5 made to Instruction).
3.5. If the information on the party affiliation of the candidate or candidates is available, then a document verifying this shall be provided.
In this case, the candidate shall agree with the relevant election commission on naming the political party, he/she belong to with the name consisting of not more than 5 words. If the political party indicated in the application dismissed the candidate and relevant sent notification to the relevant election commission, then after receiving this notification, the name of the political party should not be used related to this candidate.
Documents of a candidate or candidates nominated to municipality membership by voters initiative group can be submitted to the relevant Con.EC by the representative of voters initiative group, as well as the candidate or his/her authorized representative.
Written reference on the reception of the documents submitted to the Con.EC shall be provided to the person submitted these documents (authorized representative of the initiative group, candidate or his/her authorized representative) (Appendice # 6 made to Instruction).
The Con.EC shall consider the submitted documents within 5 days and submit decision on the approval or refusal of the candidate nomination to the candidate or his/her authorized representative.
4. The citizen nominated to municipality membership on his/her own initiative shall submit the following documents to the relevant Con.EC:
4.1. Notification on candidate nomination to municipality membership (Appendice # 1 made to Instruction).
4.2. information on the imprisonment, citizenship and commitment of each person nominated to municipality membership if he/she has, compiled pursuant to Article 53 of Election Code, as well as application on commitment on the termination of his/her activity if it does not suit the post when elected municipality member (Appendice # 3 made to Instruction).
4.3. If the candidate appointed an authorized representative, then the powers of attorney of the authorized representative approved in the notary order (Appendice # 5 made to Instruction).
4.4. If the candidate included information on his/her party affiliation in the application, then a document verifying this shall be provided.
In this case, the candidate shall agree with the relevant election commission on naming the political party, he/she belong to with the name consisting of not more than 5 words. If the political party indicated in the application dismissed the candidate and relevant sent notification to the relevant election commission, then after receiving this notification, the name of the political party should not be used related to this candidate.
Written reference on the reception of the documents submitted to the Con.EC shall be provided to the candidate or his/her authorized representative (Appendice # 6 made to Instruction).
The Con.EC shall consider the submitted documents within 5 days and submit decision on the approval or refusal of the candidate nomination to the candidate or his/her authorized representative.
