Article
69. Equality of Registered Candidates and Referendum
Campaign Groups
69.1 All of the registered candidates and campaign
groups on referendum shall have equal rights and
responsibilities, provided their statuses taken
into account.
69.2 Registered candidates, the authorized representatives
of campaign groups on referendum working in state
bodies and or municipality organizations or in
mass media on the legal basis of labor and civil
contract shall be released from their employment
during the participation in election (referendum)
campaign (this rule shall no be applicable to
the President of the Republic of Azerbaijan, deputies
of the Milli Majlis and municipality members).
The approved copy of the relevant order (statement)
shall be is submitted to the election commission
who registered them, at the latest within 3 days
from the day of registration. They shall be are
prohibited to abuse their authorities and service
positions of authority to gain benefit or privileges.
69.3 If the persons (except for the members of
the Central Election Commission and judges) appointed
(approved, selected) directly by the President
of the Azerbaijan Republic or Milli Majlis of
the Azerbaijan Republic become a registered candidate,
then they may continue implementation of their
service duties. The registered candidates who
fulfill their duties working in state positions,
the initiators of a campaign groups on referendum,
as well as the registered candidates and initiators
of establishing of a campaign groups on referendum
who are the municipal officials shall be prohibited
to abuse their positions of authority to gain
privileges.
69.4 Cases of violation of the equality principles
with the purposeas a result of getting privileges
by abusing occupation the authorities and service
position shall be is determined by Article 55.2.
of this Code.
69.5 The registered candidate, the initiators
of establishing of campaign groups on referendum
who occupy state positions, as well as the initiators
of establishing of a campaign groups on referendum,
which hold municipal positions, shall have the
right to conduct pre-election (pre-referendum)
campaign, when they are released from the fulfillment
of their duties. According to Article 81 of this
Code the free usage of TV and radio programs by
registered candidates and registered campaign
groups on referendum shall are not be regulated
by these rules.
69.6 If the officials, journalists working in
TV and mass media, or creative persons are registered
candidates, the initiators of campaign groups
on referendum or the agents, authorized representatives
of the registered candidates, political parties,
blocks of political parties, campaign groups of
on referendum or the authorized representatives
of the political party, block of political parties,
campaign groups of on referendum, they shall are
be prohibited to participate in reporting covering
of the elections (referendum) by the means of
mass media.
69.7 Observation of limitation specified by in
Articles 69.3-69.5 of this Code should not impede
deputies of the Milli Majlis and municipal members
to perform their authorities and duties before
voters.
69.8 The following persons shall are not be permitted
to conduct charity activities:
• Registered candidates, political parties and
blocks of political parties,
• The relevant agents and authorized representatives
of political parties, blocks of political parties
and campaign groups on referendum,
• The agents of registered candidates,
• The initiators establishing campaign groups
on referendum,
• Organizations, which are founders, owners, members
or employees of the abovementioned persons.
• Other physical or legal entities who function
due to the instruction of the abovementioned persons
or organizations
The aforementioned persons and organizations are
shall be prohibited to apply to legal entities
and individuals and voters for proposals to render
material, financial or other services. The legal
and physical entities shall be are prohibited
to conduct charity activity in support and on
behalf of the candidates, registered candidates,
political party, block of political parties, members
of campaign group on referendum, their authorized
representatives and agents.
69.9 State funds allocated to election funds of
registered candidates and referendum campaign
groups shall be equally distributed by the Central
Election Commission and transferred to the relevant
accounts within 3 days. In such case, the equal
amounts of the funds shall be separately identified
for the referendum campaign groups registered
with the Central Election Commission and Constituency
Election Commission.
Article 70.
Insurance of the Registered Candidate’s Activity.
70.1. The management bodies of the state body
(institution, organization) or municipal body
(organization), where the candidate is studying,
working, serving or commander of military unit
where candidate is serving should release the
candidate on the basis of unpaid vacation, for
the period mentioned in their report, effective
from the day of registration of candidate until
the day of official announcement of results of
elections. The relevant election commission has
toshould pay to candidates the average wage in
amount of salary that is no more than 20 times
of minimum salary determined by legislation, from
the budget allocated for the preparation and conduction
of election, during his release from employment,
study or service. Money compensation is shall
be paid to registered candidates on the basis
of statement which proves the unpaid leave from
their working (studying) or servicing place for
the period of his release from employment.
70.2. Transport expenses shall be are paid to
registered candidates from the day of registration
of candidature until the day of official announcement
of results of elections determined by this Code.
Expenses spent for taxi and ordered transport
services shall are not be reimbursedpaid. Expenditures
for travels in cities and inter cities shall are
paid be reimbursed on the basis of submitted travel
tickets.
70.3. A registered candidate cannot be dismissed
from his/her job, service, educational institution
upon initiative of the state body (institution,
organization) or municipal body (organization),
or its high-ranking official, cannot be transferred
to another job (to study or to serve) in other
place without his agreement or cannot be sent
on business trip and cannot be conscripted to
military service, military courses of instruction
within the period of time mentioned in Article
70.1 of this Code. The participation time of a
registered candidate in elections shall be is
included in his/her professional service years
from the day of registration.
70.4. Within the period of time mentioned in Article
70.1. of this Code, the registered candidate cannot
be indicted for a crime, detained or be subject
to administrative penalties as may be determined
in a court procedure, without the permission of
the relevant prosecutor, after he/ she has been
registered. The registered candidate can be arrested
only if he/she is caught in the act of crime.
Shall the relevant prosecutor or court give such
kind of permission or make decision, they have
immediately to inform the election commission
where the candidate has been registered.
70.5. The registered candidate, the political
party, the authorized representatives of block
of political parties can obtain the list of Precinct
Election Commissions, the addresses of voting
stations and an information about the territory,
address and phone numbers of electoral precincts
from the relevant Constituency Election Commission.
70.6 In accordance with the Civil Code of the
Azerbaijan Republic, the registered candidate
can apply to the court for indemnification of
damages incurred him due to actions (lack of actions)
of the election commission of either the state
body (institution, organization)bodies or municipal
body (organization)the election commission.
Article 71.
Conditions for Participation of a Registered Candidate
in Elections.
71.1. A registered candidate participating in
elections has toshould obey the following conditions,
along with those indicated in Article 2.6 of this
Code:
71.1.1. To respect the rights of other registered
candidates to independently and freely distribute
their political ideas and opinions during the
election campaign;
71.1.2. To respect the rights of other registered
candidates, political parties, voters and social
organizations;
71.1.3. not to prevent other registered candidates
in communicating freely with voters
Article 72.
Agents.
72.1. The registered candidate, political party
or block of political parties, which have registered
the candidate, campaign, group on referendum shall
have the right to appoint an agent. The agents
shall be are registered by the relevant election
commission, which have registered the candidate,
campaign group on referendum. The agents are shall
be registered within three 3 days from the day
of receipt of written application of the candidate
or application about the appointment of agents
of political party, block of political parties,
campaign group on referendum on appointing agents,
as well as the written consent of citizens on
being an agent. The following information about
each agent mustshould be mentioned in presentation
or in requisition:
• Surname, name, surname, father’s namepatronymic,
• Date of birth,
• Work place,
• Occupation (type of activity)
• Home address
• Serial, number and issue date of ID or substitute
document
The rules, defined in the Articles 52 and 64 of
this Code, shall be apply applicable to relevant
applications of political parties, blocks of political
parties and campaign groups on referendum.
72.2. The agents shall receive a verification
card from relevant election commission.
72.3. The agent shall conducts campaign on election
of a candidate or on referendum and other kind
of activities in assisting for the election of
a registered candidate. The agents shall have
the observers rights.
72.4. The registered candidates, political parties,
blocks of political parties, campaign group on
referendum, which appointed the agents, can at
any time withdraw these persons they appointed
as agents and appoint another persons instead
of them by the way of informing relevant election
commission. If there is such kind of information,
the election commission shall cancels the verification
card of the withdrawn agent. Anytime with his/her
own initiative, the agent can resign from his/her
position and return his/her card to relevant election
commission by informing registered candidate,
as well as political party, block of political
parties and a campaign group on referendum.
72.5. The authorities of an agent shall commence
from the day of their registration by the relevant
election commission, and shall finish no later
than the official publication of the election
(referendum) results, including not later than
the day when the final decision of court is made
in case of investigating complaints on violation
of this Code, except the cases mentioned in Article
72.4 of this Code. The authorities of an agent
shall also finish when the status of all candidates
and referendum campaign groups that agents represent
is lost.
Article 73.
Candidate’s Refusal from the Status of Candidacy.
73.1. The nominated candidate can withdraw his/her
application of consent to be candidate any time,
by informing the relevant election commission.
Such kind of written information cannot be withdrawn.
73.2. The registered candidate can withdraw his/her
candidacy by submitting a written application
to the relevant election commission at least 10
days prior to election day. Such kind of application
cannot be withdrawn. The relevant election ommission
shall make a decision on canceling of candidate’s
registration within 1 day on the basis of received
application. The relevant election commission
should get the fund back, given to him from the
budget, if a registered candidate withdraws his/her
candidacy without compelling reasons indicated
in Article 73.3 of this Code, and the registration
deposit shall not be returned in this case.
73.3 The compelling reasons grounds for withdrawing
candidacy of a registered candidate as well as
the compelling reasons grounds for withdrawing
candidates of political party, block of political
parties shall be understood as considering by
court the registered candidate to be incapacitated
as a result of a serious malady confirmed by the
relevant medical examination body, specified in
the Labor Code of the Republic of Azerbaijan,
or as the illness that affects his/her health
or makes it impossible for him/her to participate
in the election campaign.
73.4 The information on withdrawing of candidacy
by the candidate him-/herself shall be posted
on notice boards of the Central, Constituency
and Precinct Election Commissions, stipulated
in Article 98.3 of this Code.
73.5 If a registered candidate is considered incapacitated
by court,
73.6 If he/she has a serious illness confirmed
by the relevant medical examination body, specified
in the Labor Code of the Republic of Azerbaijan,
or he/she or his/her immediate relatives have
an illness that affects his/her health or makes
it impossible for him/her to participate in election
campaign.
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