Approved by Decision # 29/112
by Central Election Commission
of the Republic of Azerbaijan,
dated on June 14, 2006
INSTRUCTION
on the rules for the transference and return of voluntary registration deposit for candidate registration in Municipal Elections
1. Rules for transference and return of voluntary registration deposits in Municipal Elections shall be regulated by Articles 58.5, 60.5, 73.2 and 225.2 of the Election Code of the Republic of Azerbaijan (hereafter referred to as – Election Code) and this Instruction.
2. While submitting signature sheets and other documents for registration of the candidate to the municipality membership (hereafter referred to as the candidate), at the same time a bank document can be submitted on transference of voluntary registration deposit to the account of the relevant Constituency Election Commission conducting registration, amounted the maximum limit of the candidate`s election fund defined for the day of official publication of the decision on the appointment of elections pursuant to Article 225.2 of Election Code (this limit was defined in the following order), * i.e:
2.1. the candidate nominated on the municipality, the population of which is more than 99.999 (from 100.000 up to 299.999) and 19 municipality members are considered to be elected – amounted 3 % of 50 thousands times of conditional financial unit for the day of official publication of the decision on the appointment of elections;
2.2. the candidate nominated on the municipality, the population of which is more than 49.999 (from 50.000 up to 99.999) and 17 municipality members are considered to be elected – amounted 3 % of 37.500 times of conditional financial unit for the day of official publication of the decision on the appointment of elections;
2.3. the candidate nominated on the municipality, the population of which is more than 19.999 (from 20.000 up to 49.999) and 15 municipality members are considered to be elected – amounted 3 % of 25 thousands times of conditional financial unit for the day of official publication of the decision on the appointment of elections;
2.4. the candidate nominated on the municipality, the population of which is more than 9.999 (from 10.000 up to 19.999) and 13 municipality members are considered to be elected – amounted 3 % of 12.500 times of conditional financial unit for the day of official publication of the decision on the appointment of elections;
2.5. the candidate nominated on the municipality, the population of which is more than 4.999 (from 5.000 up to 9.999) and 11 municipality members are considered to be elected – amounted 3 % of 7.500 times of conditional financial unit for the day of official publication of the decision on the appointment of elections;
2.6. the candidate nominated on the municipality, the population of which is less than 4.999 and 9, 7 and 5 municipality members are considered to be elected – amounted 3 % of 5 thousands times of conditional financial unit for the day of official publication of the decision on the appointment of elections. This document should contain payment determination, i.e., the words “for registration deposit”.
3. If the candidate is not registered, then within 3 days after getting the copy of the decision on refusal from the registration of the candidacy, the leading authority of political party (blocs of political parties) that nominate the candidate, session of authorized representatives of political parties can appeal on registration of the candidate by the relevant Constituency Election Commission providing that not to return voluntary registration deposit (Appendice # 1 made to Instruction). In this case, the Constituency Election Commission registers the candidate within 2 days.
3.1. If the candidate is not registered on the account of registration deposit, then voluntary registration deposit shall be returned to the candidate, the candidate, political party, blocs of political parties that nominate the candidate within 3 days after adoption of the relevant decision on registration and refusal from registration by the Constituency Election Commission.
3.2 If the registered candidate, registered candidates of political parties, political party blocs are considered incapable by the court, if their health is destroyed during election campaign at the results of serious illness approved by the relevant medical expertise specified by the Labor Code of the Republic of Azerbaijan and other reasons making participation impossible and the candidacy is withdrawn because of these bases, then voluntary registration deposit shall be returned as the above-mentioned cases are obligatory reasons.
3.3. . If the candidate is elected municipality member and gains at least 3 percent of valid votes, registration deposit shall be returned to the former candidate nominated by the relevant Constituency Election Commission within 3 days after the official publication of general election results. If the candidate can not gain at least 3 % of valid votes, then voluntary registration deposit shall not be returned.
3.4. If the candidacy of the registered canddiateis withdrawn without the reasons implied by item # 3.2 of the Instruction ,then voluntary registration deposit shall not be returned.
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Note: Immediately after the appointment of elections, Central Election Commission shall estimate the amounts implied by item # 2 of the Instruction in comparison with conditional financial unit for the day of official publication of the decision on the appointment of elections and send them to the Constituency Election Commission where elections are conducted.
