Article 1. Main Definitions used in this Code

1.1 The following main definitions shall be used in this Code:
1.1.1 Referendum – voting of the citizens of the Republic of Azerbaijan on the issues determined by the Constitution of the Republic of Azerbaijan;
1.1.2 Elections – elections of deputies of the Milli Majlis of the Republic of Azerbaijan, the President of the Republic of Azerbaijan, members of municipalities in the Republic of Azerbaijan held on the basis of the Constitution of the Republic of Azerbaijan and the present Code;
1.1.3 Voter – a person, possessing suffrage;
1.1.4 Election (referendum) commission - collective bodies organizing and providing realization of elections (referenda) and being formed in accordance with provisions set forth in this Code;
1.1.5 Election constituency – a territorial unit, established in accordance with this Code, where the registered voters elect a representative (representatives) to any elective state body;
1.1.6 Citizen – citizens of the Republic of Azerbaijan with active voting right, and the persons, provided for in Articles 12.2 and 12.3 of this Code;
1.1.7 Candidate – person nominated for member of the Milli Majlis of the Republic of Azerbaijan, President of the Republic of Azerbaijan, member of municipality, in accordance with this Code;
1.1.8 Suffrage – to elect deputies of the Milli Majlis of the Republic of Azerbaijan, President of the Republic of Azerbaijan, members to municipalities and the right to be elected to the same bodies and as a President of the Republic of Azerbaijan, as well as the right to participate in nomination of candidates, pre-election (pre-referendum) campaign, in work of election (referendum) commissions, in observation of elections (referenda) (including determination of election (referendum) results), in voting, and in carrying out of other election (referendum) actions;
1.1.9 Voters list – lists of citizens of the Republic of Azerbaijan living in the territory of the relevant election (referendum) precinct of an election (referendum) constituency having suffrage;
1.1.10 Signature sheets – lists with voters’ signatures directed to support either one or another candidate during election, or about membership in a referendum campaign group for the purpose of participating in pre-referendum campaign;
1.1.11 Campaign materials – printed, audio-visual and other materials devoted to pre-election (pre-referendum) campaign, which are envisaged to be published or distributed through other ways during election (referendum) campaign;
1.1.12 Pre-referendum campaign – activity of referendum campaign groups and citizens calling or having the purpose to call upon to the citizens which have the right to participate at referendum, to participate at the referendum and to support or not to support the issues to be discussed in the referendum;
1.1.13 Pre-election campaign – activity of citizens and political parties calling or having the purpose to call upon to voters to participate in the election, to vote (not to vote) for one or another candidate;
1.1.14 Nomination of candidates – initiative as well as collection of signatures directed to support the initiative on determination of persons envisaged to be elected as an deputy of the Milli Majlis of the Republic of Azerbaijan, President of the Republic of Azerbaijan and a municipality member, or other methods of carrying out of an initiative in accordance with provision provided for in this Code;
1.1.15 Registered candidate - person registered for member of the Milli Majlis of the Republic of Azerbaijan, President of the Republic of Azerbaijan, member of a municipality in accordance with this Code;
1.1.16 Initiators of establishing of a referendum campaign group – citizens of the Republic of Azerbaijan initiating development of a referendum campaign group and signed a notification on development of the group to be submitted to the relevant election commission;
1.1.17 Members of a referendum campaign group - citizens of the Republic of Azerbaijan signing the signature lists necessary for registration of a referendum campaign group;
1.1.18 Observation – preparation of an expert opinion based on gathering and assessment of information;
1.1.19 Observer – person appointed by political parties, non-governmental organizations, referendum campaign groups and candidates to observe the course of elections (referenda), and accredited in the relevant election (referendum) commission in the order provided for by this Code;
1.1.20 International (foreign) observer – person acquiring the right to observe elections (referenda) and representing a foreign state, foreign or international organization;
1.1.21 Persons having the right to participate in conducting of election (referendum) actions – observers, international (foreign) observers, agents, authorized representatives, media representatives;
1.1.22 Block of political parties – block created by two or more political parties for joint participation in elections, having the same rights as political parties during the elections;
1.1.23 Election (referendum) campaign – election (referendum) actions carried out within the period from the day of publication of an authorized State body’s decision on assignment of election (referendum) till the publication of results of the election (referendum);
1.1.24 Election (referendum) complaint – appeal directed either to cancellation of documents, decisions, results of actions (lack of actions) related to elections (referendum), or revision of such results;
1.1.25 Identification document – identification document or an official document with the citizen’s photo, indicating the name, patronymic, surname, date of birth and place of residence of the citizen (list of such documents shall be approved by the Central Election Commission).
1.1.26 Subordination – official relationship between a manager and a subordinate, including directive authorities of the first on the latter, i.e. the first should have the right to employ, dismiss the latter within his official authorities, give obligatory orders, instructions and directions, reward and impose on him disciplinary punishments;
1.1.27 Publication – official bringing to attention of population or announcing the election-related (referendum-related) decisions of election commissions and other state bodies participating in conduct of elections (referendum), through posting them on notice boards, and by means of press, TV and Radio broadcasting and by other methods, allowing everyone to get familiar with these decisions.
1.1.28 Distant or impassable places – settlements located in a mountainous area, or which are in more than 1 hour drive by public transport from the closest election precinct, due to natural circumstances;
1.1.29. Voting results - results of votre counting in Precinct Election Commissionduing elections (referendum); results of vote counting in Constituency Election Commission during referendum and Presidential Elections;
1.1.30. results of elections (referendum) - voting results determined by Constituency Election Commission during Elections to the Milli Majlis and Municipal Elections of the Republic of Azerbaijan;
1.1.31. election (referendum) results - determination of the candidate elected deputy of the Milli Majlis , President or member of municipality of the Republic of Azerbaijan and defining the issue adopted (refused) by referendum during elections;
1.1.32. general electoral results - summing up the results of Elections to the Milli Majlis and Municipal Elections which indicate the names of elected candidates and the number of the votes cast for them.

Article 2. Principles of Participation in Elections and Referendum

2.1. Citizens of the Republic of Azerbaijan shall participate in elections and referenda based on general, equal and direct suffrage by means of secret and personal vote.
2.2. The participation of citizens of the Republic of Azerbaijan in elections and referenda shall be free and voluntary. Nobody shall have the right to put pressure upon a citizen of the Republic of Azerbaijan to participate or not in elections and referendum, and nobody can impede him to express his will freely.
2.3. The diplomatic representations and consulates of the Republic of Azerbaijan should facilitate implementation of the rights of citizens of the Republic of Azerbaijan residing outside the Republic of Azerbaijan during holding of elections and referendum, which are specified in Articles 3 and 56 of the Constitution of the Republic of Azerbaijan.
2.4. Elections cannot be held on the same day as a referendum. Elections to the Milli Majlis of the Republic of Azerbaijan and Presidential Elections of the Republic of Azerbaijan shall not be conducted on the same day. Elections to the Milli Majlis of the Republic of Azerbaijan and Municipal Elections shall not be conducted on the same day. Presidential Elections and Municipal Elections of the Republic of Azerbaijan shall not be conducted on the same day.
2.5. Preparation and holding of elections and referenda, vote counting, definition of voting results and results of elections and referenda shall be carried out freely and publicly.
2.6. The persons participating in elections (referendum) shall follow the principles given below:
2.6.1 to respect freedom of press;
2.6.2 not to obstruct professional activities of the mass media representatives; not to violate or interfere in election (referendum) campaign of candidates and parties (blocks of political parties);
2.6.3 not to obstruct distribution of election campaign materials or referendum campaign materials;
2.6.4 not to destroy or to spoil election campaign posters, referendum campaign posters and other campaigning materials;
2.6.5 not to obstruct pre-election (pre-referendum) mass activities;
2.6.6 to cooperate with election (referendum) bodies and their officials for conduct of free, peaceful and organized elections;
2.6.7 not to obstruct the voters to express their will freely;
2.6.8 to respect authorized persons and observers and to cooperate with them;
2.6.9 to follow and assist in maintaining of secrecy of voting ;
2.6.10 not to win over voter to its side by illegal activities;
2.6.11 not to interfere in the activities of election (referendum) commissions groundlessly; not to violate the process of voting and vote count;
2.6.12 to respect legally approved results of elections (referendum), to present each complaint regarding the elections (referendum) to authorized body and to observe the decision of that body regarding the relevant complaint;
2.6.13 not to make speeches which intimidate, slander or call upon violence or distribute materials of this content;
2.6.14 to offer rewards to voters, or intimidate them with punishment;
2.6.15 not to use the state resources, municipal or other public resources in circumstances not established in this Code;
2.6.16 not to provoke voters to vote or avoid voting, by using pressure or offering presents or by other methods that contradict the legislation;
2.6.17 not to make voters participate or avoid participation in referendum campaign groups, self-nominate or not self-nominate, withdraw or not withdraw their candidacy, take part or avoid participation in pre-election (pre-referendum) campaign process, by using pressure or offering presents or by other methods that contradict the legislation;
2.6.18 not to use assistance or activities rendered by any official for supporting or not supporting the issue put on for referendum, or the candidate;
2.7. Violation of Articles 2.6.2-2.6.5, 2.6.7, 2.6.10, 2.6.11, 2.6.13-2.6.18 of this Code shall impose liabilities under the Criminal Code or the Code of administrative Offences of the Republic of Azerbaijan.

Article 3. Universal Suffrage

Irrespective to their race, nationality, religion, language, gender, origin, property status, office position, persuasion, belonging to political parties, trade unions and other public associations, or other status, Azerbaijan Republic’s citizens shall have the right to elect, to be elected and to participate in referendum.

Article 4. Equal Suffrage
4.1. The citizens shall participate in elections and referendum on equal terms.
4.2. Each citizen shall have a single vote during each voting.
4.3. Any vote of citizens shall have equal validity.

Article 5. Direct Suffrage
5.1. The citizens shall personally vote for a candidate during elections, and for or against the issues to be discussed by referendum.
5.2. Voting in place of other persons shall be prohibited. The citizens voting or providing conditions for voting in place of other persons shall be subject to the liability provided for in either the Criminal Code or the Code of Administrative Offences of the Republic of Azerbaijan.

Article 6. Voting Secrecy
Voting during elections and referenda should be secret, and any control on expression of a voter’s should be excluded.

Article 7. Obligation of Holding of Elections and Referenda
7.1. It shall be obligatory to hold elections to the Milli Majlis of the Republic of Azerbaijan, position of the President of the Republic of Azerbaijan and municipalities within time periods indicated in the Constitution of the Republic of Azerbaijan and the present Code.
7.2. It shall be obligatory to hold referenda on the issues indicated in Item 2 of Article 3, and Article 152 of the Constitution of the Republic of Azerbaijan.

Article 8. Timeframe for Announcement of Elections (Referenda)
8.1 Elections (referenda) shall be announced at least 120 days before the voting day.
8.2 Voting Day shall not be considered a working day.

Article 9. Place of Exercising of Suffrage
9.1 Taking into consideration Articles 35.4 – 35.6 of this Code, the active suffrage shall be exercised in the election precinct, in territory of which the citizens have been permanently residing for 6 months out of 12 months preceding the day the election is announced.
9.2 The citizens, who left their residence places due to wars, armed conflicts, public disorders or natural disasters, shall exercise their active suffrage in the order established by the Central Election Commission.

Article 10. Voting During Elections and Referendum
10.1 Citizens of the Republic of Azerbaijan can vote for only one candidate when participating in elections, except for municipal elections.
10.2. When participating in referendum, citizens of the Republic of Azerbaijan can give only one answer to each question to be discussed by referendum.

Article 11. Right to Pre-election (Pre-referendum) Campaign
11.1 The State shall ensure creation of conditions for conduct of free pre-election (pre-referendum) campaign by citizens, political parties, and referendum campaign groups, in accordance with the Constitution of the Republic of Azerbaijan.
11.2 The citizens, political parties, referendum campaign groups shall have the right to call on voters to participate or not to participate in elections (referendum), to conduct pre-election (pre-referendum) campaign in the form of appeals to vote for or against a candidate, registered candidate, political party and block of political parties, and for or against an issue to be discussed at the referendum, in the manner and methods allowed by the Law.
11.3.1 The State shall define conditions for equal use of media branches by a registered candidate, as well as political parties, blocks of political parties and referendum campaign groups for pre-election (pre-referendum) campaign in accordance with Articles 74-86 of this Code.