Agreed with: Head of Administrative Personnel
of National Bank of the Republic of Azerbaijan
E.S.RUSTAMOV

Approved by Decision # 30/116
of the Central Election Commission
of the Republic of Azerbaijan
dated on June 24, 2006 CEC Chairman
M.M.PANAHOV

INSTRUCTION
on rules for opening specific election accounts, their registration, accounting rule, as well as entrance of the allocations in the election funds of candidates, registered candidates, political parties, political party blocs and their expenditure in Municipal Elections

The Instruction has been prepared pursuant to Article 94.1 of the Election Code of the Republic of Azerbaijan (hereafter referred to as Election Code) and defines rules for opening specific election accounts, their registration, accounting rule, as well as entrance of the allocations in the election funds of candidates to municipality membership, registered candidates (hereafter referred to as candidates), political parties, political party blocs and their expenditure in Municipal Elections pursuant to Law “On Banks” of the Republic of Azerbaijan.
1. Candidate, political parties and political party blocs shall open specific election account to create election fund at the right time and order pursuant Articles 91 and 225 of the Election Code of the Republic of Azerbaijan. Election fund of the candidate to municipality membership shall be established in the capacity and on the amount of sources defined by Article 225 of the Election Code and preserved in the “Capital Bank” open Joint Stock Company or in the specific account of its subsidiaries.
Specific election account should be opened within 5 days after submitting notification on candidate nomination to the Constituency Election Commission (Con.EC) 24 hours prior to the collection of voter signatures necessary for candidate registration. The candidate, political party, political party bloc can open only one specific election account.
While submitting the documents made official in the case defined by Election Code, the relevant bank shall open specific election account for the candidate, political party, political party bloc within 3 days. All the money allocations should be transferred to election accounts in manat.
2. After submitting the list of the candidates nominated in more than 1/3 of municipalities to Central Election Commission, the political parties, political party blocs intending to form single election fund for candidates shall open specific election accounts in order to create single election fund within 5 days.
3. It shall be prohibited to open specific election accounts in other banks excluding “Capital Bank” open Joint Stock Company an its subsidiaries, defined by the item # 1 of the Instruction.
4. The candidate or his/her authorized representative, the authorized representative on financial issues of political parties, blocs of political parties open specific election shall submit the following documents to the relevant bank in order to open specific election accounts:
a) candidate (or his/her authorized representative)-
- application for opening specific election accounts;
- the copy of the notification on candidate nomination, approved by the Con.EC;
- information on the imprisonment, citizenship and commitment of the candidate nominated to municipality membership before other states, compiled pursuant to Article 53 of Election Code and his/her application on commitment on the termination of activity which does suit with the post of municipality member if he/she is elected;
- powers of attorney of the candidate’s authorized representative (if the authorized representative is appointed), made official in the notary order.
b) political parties:
- application on opening of specific election account;
- copy of the document (certificate) on the state registration approved in the notary order;
- copy of the charter in force by the political party approved in the notary order;
- decision of the meeting of the political party (conference, session by the leading body) on candidate nomination and relevant session minutes;
-copy of the certified document on the inclusion of registration units in statistics organs in the state register, approved in the notary order;
- original of the notification on the registration by state social insurance company;
- original of the charter duplication provided by the relevant tax office;
- the copy of the notification* on candidate nomination, approved by the Con.EC;
- information on the imprisonment, citizenship and commitment of the candidate nominated to municipality membership before other states, compiled pursuant to Article 54 of Election Code and his/her application on commitment on the termination of activity which does suit with the post of municipality member if he/she is elected;
- power of attorney of the authorized representative on financial issues, approved in the notary order;
- sheets of signature and stamp samples approved in the notary order.
c) political party blocs:
- application on opening specific election account;
- the copy of the notification* on candidate nomination, approved by the Con.EC;
- decision of the meeting of the political parties that enter political party bloc (conference, session by the leading body) on candidate nomination and relevant session minutes;
- decision of the meeting of representatives of the political parties that enter political party bloc (conference, session by the leading body) on candidate nomination on behalf of the political party bloc and relevant session minutes;
- power of attorney of the authorized representative on financial issues;
- sheets of signature and stamp samples approved in the notary order.
5. After submitting the above-mentioned documents, the relevant bank shall immediately open specific election account for these subjects in time defined by the item # 1 of the Instruction.
6. All transactions on specific election account and single election fund shall be implemented by manat.
7. Attorney bank should inform the Con.EC on the funds entered specific election accounts of candidates and spent funds pursuant to Appendice # 1 made to the Instruction not less than once in a week and when there are less than 10 days prior to the voting day, then within 3 working days not less than once.
8. The right to give order on the allocations in election fund shall belong to the candidate, political party, political party bloc that established this fund. The allocations in election funds are on appointment. This allocation can only be used with the following aims:
a) financially provide the organizational-technical measures related to the collection of signatures, as well as payment of salaries for the relevant persons for the collection of signatures;
b) for the payment of the cost for activities related to the pre-election campaign, as well informational and consultative services;
c) expenses related to the cost of other works directly implemented by legal entities and citizens in the conduct of pre-election campaign.
9. The candidate, political parties, political party blocs shall be prohibited to use the money allocations except the ones entered the election funds for pre-election campaign and collection of voter signatures in support of candidate nomination.
10. Funds should be transferred to specific election account only on the amount and by the persons implied by Article 225 of the Election Code.
11. Voluntary donations by only citizens of the Republic of Azerbaijan should be transferred in the case defined by Article 93.1 of the Election Code.
Donations of legal entities shall be received to election funds by considering terms implied by Article 93.2 of the Election Code not in cash.
12. After receiving relevant document on payment via post and banks, voluntary donations of citizens and legal entities should be transferred at latest within 2 days.
13. It shall be prohibited for the followings to allocate voluntary donation for election funds of the candidate, political party, political party blocs, or to assist as in the form of nature or performing service:
- foreign states and foreign legal entities;
- foreign citizens;
- stateless persons;
- citizens not attaining 18;
- if the participation (property) portion of the above-mentioned persons in the charter capital of the legal entity of the Republic of Azerbaijan is more than 30 % for the situation on the day of official publication of the decision on the appointment of elections, then legal entities of the Republic of Azerbaijan;
- international organizations and international public movements;
- state government bodies and offices;
- legal entities, if the participation (property) portion of the state or municipality in the charter capital is more than 30 % for the situation on the day of official publication of the decision on the appointment of elections;
- military units;
- charity organizations, religious unities, offices and organizations;
- the persons who transfer anonymous donations and do not indicate any of the following information (who do not indicate or indicate inaccurately surname, name, patronymic, serial number and date of issue of ID card or its substitute document, address of residence, date of birth for a citizen; identification number, name, registration date of tax payer, bank requisites, existence of the portion of the state or municipality in charter capital for legal entity, in this case, the amount, portion amount of foreign capital in charter capital).
14. If the donations are transferred to the election funds of candidates, political parties or political party blocs by unauthorized subjects implied by Article 90.2 of the Election Code or transferred more than the amount stipulated by the Election Code, then the attorney bank shall inform the relevant election commission pursuant to Appendice # 1 made to the Instruction.
15. If donations are transferred to the election funds of candidates, political parties, political party blocs by the physical and legal entities who do not have the right to do that, then the candidate, political party, bloc of political party should return the whole amount of the donation to the donator within 10 days after its receipt, indicating the reasons for return and sending expenses.
Anonymous donations shall be transferred to the state budget pursuant to Article 93.7 of the Election Code when entered the specific election accounts.
16. The attorney bank shall report to the Central Election Commission and the Con.EC on the cases implied by Election Code and the items # 9, 10, 11, 12, 13 and 14 of the Instruction.
17. All transactions on specific election accounts of registered candidates should be stopped within 3 days after the voting day.
18. In other cases implied by Article 91.4 of the Election Code, the relevant bank shall stop financial transactions to pay expenses from the specific election accounts of candidates with the instruction of the Con.EC.
19. Only in the cases defined by Article 92.1 of the Election Code, the Central Election Commission can prolong the period of financial transactions.
20. Rules for the return of funds received by candidates to municipality membership during Municipal Elections shall be defined by Articles 90.5 – 90.7  and 226.4 of the Election Code.
21. Candidates, political parties, political party blocs shall submit their financial reports to the relevant election commission in the following shift (pursuant to Appendice 3 2 made to the Instruction):
- first preliminary financial report shall be submitted to the relevant election commission together with the documents necessary for registration in the case defined by Election Code; the information for the period of 2 days prior to the indicated date shall be added to this report;
- second preliminary financial report shall be submitted at earliest 20 days prior to the voting day and at latest 10 days prior to the voting day; the information for the period of 7 days prior to the indicated date shall be added to this report;
- final financial report shall be submitted at latest within 10 days after the day of official publication of electoral results; preliminary financial documents that approve entrance of allocations in election funds and their expenditure shall be attached to the final financial report.
22. If the candidate loses his/her status, then citizens who were candidates are commissioned with the post of providing with financial report. Providing with financial report is commissioned with the authorized representative on financial issues by the political party, political party bloc, if there is not such authorized representative, then another person authorized to represent the political party that participated in election campaign in the composition of the political party, political party bloc, can report.
23. The relevant bank shall transfer the money remaining in the specific account of election funds of candidates, political parties, political party blocs to the account of the Con.EC pursuant to the written instruction of the Con.EC after 60 days of the voting day.

 

Information on donations received from physical and legal entities implied by Article 90.2 of the Election Code of the Republic of Azerbaijan (Appendix #1)

Financial report on incomes and expenses in the election fund of candidates, registered candidates to municipality membership, political parties, political party blocs in Municipal Elections of the Republic of Azerbaijan (Appendix #2)

Agreed with: Head of Administrative Personnel
of National Bank of the Republic of Azerbaijan
E.S.RUSTAMOV

Approved by Decision # 30/116
of the Central Election Commission
of the Republic of Azerbaijan
dated on June 24, 2006 CEC Chairman
M.M.PANAHOV

INSTRUCTION
on rules for opening specific election accounts, their registration, accounting rule, as well as entrance of the allocations in the election funds of candidates, registered candidates, political parties, political party blocs and their expenditure in Municipal Elections

The Instruction has been prepared pursuant to Article 94.1 of the Election Code of the Republic of Azerbaijan (hereafter referred to as Election Code) and defines rules for opening specific election accounts, their registration, accounting rule, as well as entrance of the allocations in the election funds of candidates to municipality membership, registered candidates (hereafter referred to as candidates), political parties, political party blocs and their expenditure in Municipal Elections pursuant to Law “On Banks” of the Republic of Azerbaijan.
1. Candidate, political parties and political party blocs shall open specific election account to create election fund at the right time and order pursuant Articles 91 and 225 of the Election Code of the Republic of Azerbaijan. Election fund of the candidate to municipality membership shall be established in the capacity and on the amount of sources defined by Article 225 of the Election Code and preserved in the “Capital Bank” open Joint Stock Company or in the specific account of its subsidiaries.
Specific election account should be opened within 5 days after submitting notification on candidate nomination to the Constituency Election Commission (Con.EC) 24 hours prior to the collection of voter signatures necessary for candidate registration. The candidate, political party, political party bloc can open only one specific election account.
While submitting the documents made official in the case defined by Election Code, the relevant bank shall open specific election account for the candidate, political party, political party bloc within 3 days. All the money allocations should be transferred to election accounts in manat.
2. After submitting the list of the candidates nominated in more than 1/3 of municipalities to Central Election Commission, the political parties, political party blocs intending to form single election fund for candidates shall open specific election accounts in order to create single election fund within 5 days.
3. It shall be prohibited to open specific election accounts in other banks excluding “Capital Bank” open Joint Stock Company an its subsidiaries, defined by the item # 1 of the Instruction.
4. The candidate or his/her authorized representative, the authorized representative on financial issues of political parties, blocs of political parties open specific election shall submit the following documents to the relevant bank in order to open specific election accounts:
a) candidate (or his/her authorized representative)-
- application for opening specific election accounts;
- the copy of the notification on candidate nomination, approved by the Con.EC;
- information on the imprisonment, citizenship and commitment of the candidate nominated to municipality membership before other states, compiled pursuant to Article 53 of Election Code and his/her application on commitment on the termination of activity which does suit with the post of municipality member if he/she is elected;
- powers of attorney of the candidate’s authorized representative (if the authorized representative is appointed), made official in the notary order.
b) political parties:
- application on opening of specific election account;
- copy of the document (certificate) on the state registration approved in the notary order;
- copy of the charter in force by the political party approved in the notary order;
- decision of the meeting of the political party (conference, session by the leading body) on candidate nomination and relevant session minutes;
-copy of the certified document on the inclusion of registration units in statistics organs in the state register, approved in the notary order;
- original of the notification on the registration by state social insurance company;
- original of the charter duplication provided by the relevant tax office;
- the copy of the notification* on candidate nomination, approved by the Con.EC;
- information on the imprisonment, citizenship and commitment of the candidate nominated to municipality membership before other states, compiled pursuant to Article 54 of Election Code and his/her application on commitment on the termination of activity which does suit with the post of municipality member if he/she is elected;
- power of attorney of the authorized representative on financial issues, approved in the notary order;
- sheets of signature and stamp samples approved in the notary order.
c) political party blocs:
- application on opening specific election account;
- the copy of the notification* on candidate nomination, approved by the Con.EC;
- decision of the meeting of the political parties that enter political party bloc (conference, session by the leading body) on candidate nomination and relevant session minutes;
- decision of the meeting of representatives of the political parties that enter political party bloc (conference, session by the leading body) on candidate nomination on behalf of the political party bloc and relevant session minutes;
- power of attorney of the authorized representative on financial issues;
- sheets of signature and stamp samples approved in the notary order.
5. After submitting the above-mentioned documents, the relevant bank shall immediately open specific election account for these subjects in time defined by the item # 1 of the Instruction.
6. All transactions on specific election account and single election fund shall be implemented by manat.
7. Attorney bank should inform the Con.EC on the funds entered specific election accounts of candidates and spent funds pursuant to Appendice # 1 made to the Instruction not less than once in a week and when there are less than 10 days prior to the voting day, then within 3 working days not less than once.
8. The right to give order on the allocations in election fund shall belong to the candidate, political party, political party bloc that established this fund. The allocations in election funds are on appointment. This allocation can only be used with the following aims:
a) financially provide the organizational-technical measures related to the collection of signatures, as well as payment of salaries for the relevant persons for the collection of signatures;
b) for the payment of the cost for activities related to the pre-election campaign, as well informational and consultative services;
c) expenses related to the cost of other works directly implemented by legal entities and citizens in the conduct of pre-election campaign.
9. The candidate, political parties, political party blocs shall be prohibited to use the money allocations except the ones entered the election funds for pre-election campaign and collection of voter signatures in support of candidate nomination.
10. Funds should be transferred to specific election account only on the amount and by the persons implied by Article 225 of the Election Code.
11. Voluntary donations by only citizens of the Republic of Azerbaijan should be transferred in the case defined by Article 93.1 of the Election Code.
Donations of legal entities shall be received to election funds by considering terms implied by Article 93.2 of the Election Code not in cash.
12. After receiving relevant document on payment via post and banks, voluntary donations of citizens and legal entities should be transferred at latest within 2 days.
13. It shall be prohibited for the followings to allocate voluntary donation for election funds of the candidate, political party, political party blocs, or to assist as in the form of nature or performing service:
- foreign states and foreign legal entities;
- foreign citizens;
- stateless persons;
- citizens not attaining 18;
- if the participation (property) portion of the above-mentioned persons in the charter capital of the legal entity of the Republic of Azerbaijan is more than 30 % for the situation on the day of official publication of the decision on the appointment of elections, then legal entities of the Republic of Azerbaijan;
- international organizations and international public movements;
- state government bodies and offices;
- legal entities, if the participation (property) portion of the state or municipality in the charter capital is more than 30 % for the situation on the day of official publication of the decision on the appointment of elections;
- military units;
- charity organizations, religious unities, offices and organizations;
- the persons who transfer anonymous donations and do not indicate any of the following information (who do not indicate or indicate inaccurately surname, name, patronymic, serial number and date of issue of ID card or its substitute document, address of residence, date of birth for a citizen; identification number, name, registration date of tax payer, bank requisites, existence of the portion of the state or municipality in charter capital for legal entity, in this case, the amount, portion amount of foreign capital in charter capital).
14. If the donations are transferred to the election funds of candidates, political parties or political party blocs by unauthorized subjects implied by Article 90.2 of the Election Code or transferred more than the amount stipulated by the Election Code, then the attorney bank shall inform the relevant election commission pursuant to Appendice # 1 made to the Instruction.
15. If donations are transferred to the election funds of candidates, political parties, political party blocs by the physical and legal entities who do not have the right to do that, then the candidate, political party, bloc of political party should return the whole amount of the donation to the donator within 10 days after its receipt, indicating the reasons for return and sending expenses.
Anonymous donations shall be transferred to the state budget pursuant to Article 93.7 of the Election Code when entered the specific election accounts.
16. The attorney bank shall report to the Central Election Commission and the Con.EC on the cases implied by Election Code and the items # 9, 10, 11, 12, 13 and 14 of the Instruction.
17. All transactions on specific election accounts of registered candidates should be stopped within 3 days after the voting day.
18. In other cases implied by Article 91.4 of the Election Code, the relevant bank shall stop financial transactions to pay expenses from the specific election accounts of candidates with the instruction of the Con.EC.
19. Only in the cases defined by Article 92.1 of the Election Code, the Central Election Commission can prolong the period of financial transactions.
20. Rules for the return of funds received by candidates to municipality membership during Municipal Elections shall be defined by Articles 90.5 – 90.7  and 226.4 of the Election Code.
21. Candidates, political parties, political party blocs shall submit their financial reports to the relevant election commission in the following shift (pursuant to Appendice 3 2 made to the Instruction):
- first preliminary financial report shall be submitted to the relevant election commission together with the documents necessary for registration in the case defined by Election Code; the information for the period of 2 days prior to the indicated date shall be added to this report;
- second preliminary financial report shall be submitted at earliest 20 days prior to the voting day and at latest 10 days prior to the voting day; the information for the period of 7 days prior to the indicated date shall be added to this report;
- final financial report shall be submitted at latest within 10 days after the day of official publication of electoral results; preliminary financial documents that approve entrance of allocations in election funds and their expenditure shall be attached to the final financial report.
22. If the candidate loses his/her status, then citizens who were candidates are commissioned with the post of providing with financial report. Providing with financial report is commissioned with the authorized representative on financial issues by the political party, political party bloc, if there is not such authorized representative, then another person authorized to represent the political party that participated in election campaign in the composition of the political party, political party bloc, can report.
23. The relevant bank shall transfer the money remaining in the specific account of election funds of candidates, political parties, political party blocs to the account of the Con.EC pursuant to the written instruction of the Con.EC after 60 days of the voting day.

 

Information on donations received from physical and legal entities implied by Article 90.2 of the Election Code of the Republic of Azerbaijan (Appendix #1)

Financial report on incomes and expenses in the election fund of candidates, registered candidates to municipality membership, political parties, political party blocs in Municipal Elections of the Republic of Azerbaijan (Appendix #2)