. : INSTRUCTIONS

Agreed with:
E.S.Rustamov, Chair of
National Bank Staff
of the Republic of Azerbaijan

Approved by Decision 6/23-10
dated on July 4, 2008 of the
Central Election Commission
of the Republic of Azerbaijan
M.M.Panahov, Chairman of Central
Election Commission


INSTRUCTION
on the rules for returning of monetary funds received by candidates, registered candidates to the presidency in the president elections of the Republic of Azerbaijan

  1. The rules for returning of monetary funds received by candidates, registered candidates (hereafter referred to as candidates) during the presidential elections of the Republic of Azerbaijan, shall be regulated by Articles 90.5 – 90.7, 193, 194, 196 and 197 of the Election Code of the Republic of Azerbaijan.
  1. The candidate that has not been registered with the Central Election Commission (hereafter referred to as the Central Election Commission) can pay back the unused amount of the election funds to the donor citizens and legal entities, in the amount appropriate to proportional correlation of the transferred donations, until the final financial report is submitted. If the unregistered candidate does not use this right, then the unused money shall be transferred correspondingly to the state or municipal budget.      
  1. Unless the monetary funds allocated by the Central Election Commission for the registered candidate are returned, and TV and radio companies, editorial offices of periodicals are reimbursed for free air time and space in periodicals, it shall be prohibited to return the unused amount of the election funds to the citizens and legal entities that donated money to their election funds. In such case, the candidate shall firstly return the funds of the Central Election Commission.  
  1. After the funds of the election commission are returned and TV and radio companies and editorial offices of periodicals are reimbursed for free airtime and space in periodicals, the registered candidate can transfer the unused amount of the election funds to settlement accounts of the donor citizens and legal entities, in the manner provided for in Article 90.5 of the Election Code. If the registered candidate does not use this right, then the unused monetary funds shall be transferred correspondingly to the state or municipal budget.
  1. A registered candidate for Presidency who participated in elections and received at least 3 percent of the votes considered valid or who is considered to be elected, as well as a registered candidate for Presidency who withdrew candidacy due to compelling reasons specified in Article 73.3 of the Election Code shall be obliged to return the unexpended part of the election fund transferred by the Central Election Commission to this election commission within 30 days after the election day. When this period finishes a relevant bank should without any dispute transfer the money mentioned in the letter of the Central Election Commission, to the account of the latter.
  1. The relevant bank, on the basis of written instructions of the Central Election Commission, should transfer money remaining in special accounts of election funds of candidates for Presidency, to its account 60 days after the Election Day.
  1. If there is no money in the election fund or it is short of money, the return of budget money by a registered candidate, as well as the cost of free airtime and space in periodicals allocated, shall be implemented from the personal funds of citizens nominated as candidates for Presidency.
  1. If a candidate who participated in elections and did not receive at least 3 percent of the votes, undertakes obligations to return relevant funds in addition to submitting the final financial report, he/she can return the funds to be returned to the state budget to the account of the Central Election Commission within a 12 month period effective from voting day. If these obligations are not performed and if the period mentioned by the obligations for returning money expires, funds shall be returned by court.
  1. If a registered candidate does not perform requirements mentioned in paragraph 8 of this Instruction nor undertakes obligations mentioned in the same Article before the final financial report is submitted, funds shall be returned by court before the period for submission of the final financial report expir
  1. If a candidate or registered candidate loses his/her candidacy status, the obligations imposed on the candidates and registered candidates shall be imposed on the citizen who is considered to be a candidate or registered candidate.
  1. A list of citizens who participated in elections but did not receive 3 percent of the votes and have debt obligation to the Central Election Commission shall be published.   

Central Election Commission • Baku - Azerbaijan
AZ 1000 3 Rasul Rza
Tel/Fax: (994 12) 493 60 08 • E-mail: office@cec.gov.az
Copyright © 2001 Central Election Commission. All rights Reserved.
 ..::Central Election Comission of the Republic of Azerbaijan::..
 
 

 . : INSTRUCTIONS

Agreed with:
E.S.Rustamov, Chair of
National Bank Staff
of the Republic of Azerbaijan

Approved by Decision 6/23-10
dated on July 4, 2008 of the
Central Election Commission
of the Republic of Azerbaijan
M.M.Panahov, Chairman of Central
Election Commission


INSTRUCTION
on the rules for returning of monetary funds received by candidates, registered candidates to the presidency in the president elections of the Republic of Azerbaijan

  1. The rules for returning of monetary funds received by candidates, registered candidates (hereafter referred to as candidates) during the presidential elections of the Republic of Azerbaijan, shall be regulated by Articles 90.5 – 90.7, 193, 194, 196 and 197 of the Election Code of the Republic of Azerbaijan.
  1. The candidate that has not been registered with the Central Election Commission (hereafter referred to as the Central Election Commission) can pay back the unused amount of the election funds to the donor citizens and legal entities, in the amount appropriate to proportional correlation of the transferred donations, until the final financial report is submitted. If the unregistered candidate does not use this right, then the unused money shall be transferred correspondingly to the state or municipal budget.      
  1. Unless the monetary funds allocated by the Central Election Commission for the registered candidate are returned, and TV and radio companies, editorial offices of periodicals are reimbursed for free air time and space in periodicals, it shall be prohibited to return the unused amount of the election funds to the citizens and legal entities that donated money to their election funds. In such case, the candidate shall firstly return the funds of the Central Election Commission.  
  1. After the funds of the election commission are returned and TV and radio companies and editorial offices of periodicals are reimbursed for free airtime and space in periodicals, the registered candidate can transfer the unused amount of the election funds to settlement accounts of the donor citizens and legal entities, in the manner provided for in Article 90.5 of the Election Code. If the registered candidate does not use this right, then the unused monetary funds shall be transferred correspondingly to the state or municipal budget.
  1. A registered candidate for Presidency who participated in elections and received at least 3 percent of the votes considered valid or who is considered to be elected, as well as a registered candidate for Presidency who withdrew candidacy due to compelling reasons specified in Article 73.3 of the Election Code shall be obliged to return the unexpended part of the election fund transferred by the Central Election Commission to this election commission within 30 days after the election day. When this period finishes a relevant bank should without any dispute transfer the money mentioned in the letter of the Central Election Commission, to the account of the latter.
  1. The relevant bank, on the basis of written instructions of the Central Election Commission, should transfer money remaining in special accounts of election funds of candidates for Presidency, to its account 60 days after the Election Day.
  1. If there is no money in the election fund or it is short of money, the return of budget money by a registered candidate, as well as the cost of free airtime and space in periodicals allocated, shall be implemented from the personal funds of citizens nominated as candidates for Presidency.
  1. If a candidate who participated in elections and did not receive at least 3 percent of the votes, undertakes obligations to return relevant funds in addition to submitting the final financial report, he/she can return the funds to be returned to the state budget to the account of the Central Election Commission within a 12 month period effective from voting day. If these obligations are not performed and if the period mentioned by the obligations for returning money expires, funds shall be returned by court.
  1. If a registered candidate does not perform requirements mentioned in paragraph 8 of this Instruction nor undertakes obligations mentioned in the same Article before the final financial report is submitted, funds shall be returned by court before the period for submission of the final financial report expir
  1. If a candidate or registered candidate loses his/her candidacy status, the obligations imposed on the candidates and registered candidates shall be imposed on the citizen who is considered to be a candidate or registered candidate.
  1. A list of citizens who participated in elections but did not receive 3 percent of the votes and have debt obligation to the Central Election Commission shall be published.   

Central Election Commission • Baku - Azerbaijan
AZ 1000 3 Rasul Rza
Tel/Fax: (994 12) 493 60 08 • E-mail: office@cec.gov.az
Copyright © 2001 Central Election Commission. All rights Reserved.