Approved by Decision
6/23-3
dated on July 4, 2008 of the
Central Election Commission
of the Republic of Azerbaijan
INSTRUCTION
on nominating candidacy on their own initiatives of citizens, the establishment of voters initiative groups and rules for candidate nomination by them during Presidential Elections of the Republic of Azerbaijan
1. During Presidential Elections of the Republic of Azerbaijan, candidate nomination on the initiative of citizens or by the voters initiative groups established by citizens having active suffrage shall be regulated by Articles 53, 180 of the Election Code of the Republic of Azerbaijan (hereafter referred to as Election Code) and the Instruction.
1.1. Candidates shall be nominated after the official publication of the decision on appointment of these elections.
1.2. Candidates to presidency can be nominated by the citizens having passive suffrage and meeting requirements of Article 100 of the Constitution of the Republic of Azerbaijan, voters’ initiative group, as well as political parties and political party blocs.
2. Central Election Commission of the Republic of Azerbaijan shall be provided with the following documents by the citizen nominating his/her candidacy on his/her own initiative:
2.1. notification on candidate nomination (Appendice # 1);
2.2. application on commitment compiled in accordance with Article 53 and 180 of Election Code (Appendice # 2) (the application should contain the nominated person’s name, surname, patronymic, date of birth, address of residence, education, main place of work or service(if not any-then type of activity), living within the Republic of Azerbaijan for more than 10 years, citizenship, commitment before other countries, as well as commitment on his/her termination of the activity that is inappropriate with the post of president if elected);
2.3. If candidate appoints an authorized representative, then powers of attorney of the authorized representative approved in notary order (Appendice # 3);
2.4. If the candidate included information on his/her political affiliation in his application, then the document that approves it (in this case, the candidate shall come to an agreement with the relevant election commission to name the political party with the name consisting of not more than 5 words. If the political party indicated in the application dismissed the candidate from its party and sent notification to the relevant election commission, after receiving this notification, the candidate shall not be allowed to use the name of this political party.)
3. The written notification on receiving documents submitted to CEC shall be provided to the candidate or his/her authorized representative (Appendice # 6).
4. The documents submitted to CEC shall be considered within 5 days and decision on the approval or refusal from the candidate nomination shall be provided to the candidate or his/her authorized representative.
5. Establishment of voters’ initiative group and nomination of candidates to presidency
5.1. As one of the persons nominating candidate, establishment of voters initiative groups and nomination of candidacy shall be regulated by legislation and in order implied by this Instruction.
5.2. Each citizen or citizens with voting rights can form voters initiative groups consisting of at least 100 persons in order to nominate candidate. In this aim, they must conduct their session. The fact that the voters with the intend to establish initiative group live in different areas, should not be an obstacle. It is allowed to apply in written form to the municipal authority or executive authority within the territory by citizen or citizens intending to establish initiative group to allocate place for holding session. Session of the voters initiative group can be conducted in voters` places of residence, in areas and buildings of executive authorities and municipalities, as well as of legal entities. After determining appropriate place, the voters intending to establish initiative group shall be informed about the allocated place and time of conducting session.
5.3. The following issues shall be discussed in the session:
5.3.1. establishment and naming of voters initiative group;
5.3.2.. determination of the person (representative of the initiative group) who will represent the group (this person may be chairman or secretary of the session);
5.3.3. nomination of candidate to presidency;
5.3.4. apply to CEC on the approval of candidate nomination.
5.4. Decision shall be adopted on each discussed issue included in the agenda of the session and session minutes shall be compiled. The session minutes shall be signed by the chairman and secretary of the session. Stamping the session minutes by these organizations, as well as legal entities who the place of conducting session belongs to is also possible.
5.5. Documents of the candidate to presidency nominated by the voters initiative group shall be provided to CEC by authorized representatives of voters initiative group, as well as candidate or his/her authorized representative.
6. Central Election Commission of the Republic of Azerbaijan shall be provided with the following documents for nomination of a candidate to presidency by voters’ initiative group:
6.1. session minutes on the establishment of voters’ initiative group and candidate nomination (Appendice # 4);
6.2. notification on candidate nomination (Appendice # 5);
6.3. application on commitment compiled in accordance with Article 53 and 180 of Election Code (Appendice # 2) (the application should contain the nominated person’s name, surname, patronymic, date of birth, address of residence, education, main place of work or service(if not any-then type of activity), living within the Republic of Azerbaijan for more than 10 years, citizenship, commitment before other countries, as well as commitment on his/her termination of the activity that is inappropriate with the post of president if elected);
6.4. If candidate appoints an authorized representative, then powers of attorney of the authorized representative approved in notary order (Appendice # 3);
6.5. If the candidate included information on his/her political affiliation in his application, then the document that approves it (in this case, the candidate shall come to an agreement with the CEC to name the political party with the name consisting of not more than 5 words. If the political party indicated in the application dismissed the candidate from its party and sent notification to the CEC, after receiving this notification, the candidate shall not be allowed to use the name of this political party.)
7. The written notification on receiving documents submitted to CEC shall be provided to the candidate or his/her authorized representative (Appendice # 6).
8. The documents submitted to CEC shall be considered within 5 days and decision on the approval or refusal from the candidate nomination shall be provided to the candidate’s authorized representative or the representative of voters’ initiative group.