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Article 74. Conduct of
Pre-election (Pre-referendum) Campaign.
74.1. Pre-election campaign shall be held in accordance
with Article 47 of the Constitution of the Azerbaijan
Republic. The followings shall have the right
to conduct pre-election and pre-referendum (hereinafter
pre-election campaign) campaign:
74.1.1. Campaign groups on referendum;
74.1.2. The registered candidates registered for
participation in the elections of deputies of
the Milli Majlis;
74.1.3. The registered candidates registered for
participation in the Presidential elections;
74.1.4. The political parties, blocks of political
parties, which have the registered candidates
registered for participation in the elections
of deputies of the Milli Majlis;
74.1.5. The registered candidates registered for
participation in the municipality elections;
74.1.6. A The political partyparties, blocks of
political parties, which have the registered candidates
registered for participation in Presidential elections;
74.1.7. A The political partyparties, blocks of
political parties, which have the registered candidates
registered for participation in municipal elections;
74.2. The pre-election campaign can be conducted
by:
74.2.1. Mass media,
74.2.2. Conducting of pre-election mass activities
(gatherings and meetings with citizens, mass discussions
and talks, etc.);
74.2.3. Distributing and production of printed,
audiovisual and other campaign materials;
74.2.4. By other means not prohibited by law.
74.3. The pre-election campaign by mass media
shall be is conducted by open discussions, round
tables, press conferences, interviews, speeches,
political advertisings, TV and Radio programs,:
video-films and other ways not prohibited by the
law. The registered candidate, political party,
block of political parties and the referendum
campaign group shall independently determine the
forms and the ways of pre-election campaign.
74.4. Conducting of pre-election campaign and
distributing of every kind of campaign materials
is shall be prohibited to forthe followings:
74.4.1. subjects indicated in Article 90.2 of
this Code (taking into account Articles 12.2 and
12.3 of this Code);
74.4.2. officials of state bodies (institutions,
organizations) and or municipal bodies and organizations,
state and municipal employees, military persons
abusing their positions and privileges while they
are performing their duties
74.4.3. Election commissions, the members of an
election commission with decisive voting right
and other official persons of election commissions.
74.5 Control over observance of rules identified
by the present Code for pre-election campaigning
shall be carried out by a press group established
under the Central Election Commission and comprising
mostly journalists.
Article 75.
The Period of Pre-Election Campaigning.
75.1. Conducting of all types of pre-election
campaign on the Election Day and the day before
the elections is shall be prohibited on election
day and the day before election.
75.2. Pre-election (pre-referendum) campaign shall
commences 60 days prior to the election day and
finishes 24 hours prior to commencement of Election
Day.
75.3 Pre-election campaign materials displayed
inside and outside of buildings and the rooms
of the election commissions precinct according
to this Code, shall be removed on the Election
Day.
Article 76.
Public Opinion Survey.
76.1 The mass media should mention the following
information, when it publishes the results of
public opinion survey related to elections:
• The organizations, which have conducted the
public opinion survey,
• Date of conduct,
• Exact questions,
• The number of respondents.
76.2. The Publication of The results of the public
opinion survey, and the forecast of election results
shall not be allowed to be published in mass media
24 hours before the is rohibited on Election Day.
Article 77.
Basic Duties of Mass Media during Pre-Election
Campaign.
77.1. If founders of TV, radio companies or periodicals
are the state bodies and organizations, or funded
from the state budget, those TV, radio companies
and editorial offices of the periodicals shall
create equal conditions for registered candidates,
political parties and block of political parties
to conduct their election campaign, and for referendum
campaign groups having 20 thousand members and
more to conduct their pre-referendum campaign
for or against issues to be discussed at a referendum,
using allocations from the government budget.
Organizations mentioned above cannot campaign
for or against the registered candidates, political
parties and block of political parties, issues
to be discussed at a referendum on their own initiative.
77.2. TV, radio companies and periodicals mentioned
in Article 77.1. of this Code which are aired
and distributed in half or in more than half of
the territory of the Azerbaijan Republic are toshall
be obliged to create conditions for the registered
candidates for Presidential elections, political
parties, blocks of political parties with registered
candidates in more than 60 single mandate election
constituencies or in more than a half of all municipalities,
and the campaign groups on referendum, which have
40,000 or more members, to conduct pre-election
campaign. The Central Election Commission shall
publish the list of TV-radio companies, periodicals
mentioned above on the basis of document submitted
by relevant executive authority no later than
20 days after the decision on determination of
elections has been officially published.
77.3. TV and radio companies aired in less than
half of the territory of Azerbaijan Republic,
as well as the relevant branches of TV and radio
companies mentioned in Article 77.2 of this Code
and periodicals mentioned in Article 77.1. of
this Code which is distributed in less than half
of the territory of Azerbaijan Republic can create
conditions for candidates for single mandate who
collected the required number of voter signatures
in the order determined by this Code and the campaign
groups on referendum, which have 20,000 or more
members and political parties, blocks of political
parties which candidates have been registered
in more than 1/3 of all municipalities, to conduct
their election campaign within the territory of
relevant administrative unit. The list of TV-radio
companies and periodicals shall be published by
the relevant Constituency Election Commission
on the basis of a document submitted by the relevant
executive authority at least within 50 days after
a decision on determination of elections has been
officially published.
77.4 If founders of the TV, radio companies and
periodicals not considered by Article 77.1. of
this Code are the municipalities, they shall have
to create equal conditions for the campaign groups
on referendum, which have 2,000 or more members,
registered candidates to the relevant municipality
which were covered by the relevant constituency
to conduct their election campaign. They shall
have to create equal conditions for the registered
candidate, political parties, blocks of political
parties and campaign group on referendum with
the reason of conducting a campaign in territory
of the relevant municipality. If TV- radio companies
and periodicals do not participate in the campaign
activities at all, they can refuse to publish
any materials or to allocate airtime regardless
of their status.
Article 78.
Common Terms of Pre-election Campaign in Mass
Media on the Paid Basis
78.1.The TV- radio companies and periodicals,
mentioned in the articles 77.1 and 77.4 of this
Code, shall have the right to allocate paid airtime
and space in periodicals for the registered candidates,
registered candidates of political parties, blocks
of political parties and campaign groups on referendum,
on the basis of a contract.
78.2 The amount and the terms of payment must
should be equal for the relevant registered candidates,
political parties, blocks of political parties
and campaign groups on referendum.
78.3. The relevant TV- and radio companies and
periodicals shall publish the information about
the payment amount, along with the have to send
a notification sent to the registered candidates,
political parties, blocks of political parties
campaign groups on referendum, the Central Election
Commission and to the Constituency Election Commission
about concerning the possibility of allocating
airtime and place in periodicals, for the registered
candidates, political parties, block of political
parties campaign groups on referendum. The information
about the amount of the payment must be published
at least within 50 days after a decision of determination
of elections has been published. within at latest
50 days after the decision on determination of
elections is published
78.4. Private TV and radio companies and periodicals
can refuse to publish the materials of the pre-election
campaign. The private TV and radio companies and
periodicals cannot be forced to publish materials
related to pre-election campaigns. If such materials
are published, then the conditions for publishing
should be equal for all candidates, political
parties and referendum campaign groups (except
for the periodicals provided for in Article 85.4
of this Code).
Article 79. Registration
of Cost and Volume of Space in Periodicals and
or Airtime Allocated for Pre-Election Campaign
in Mass Media Allocated for Pre-Election Campaign.
79.1. The TV-radio companies and periodicals allocating
free or paid airtime or space in periodicals for
registered candidates, political parties, and
campaign group on referendum should have to conduct
the registration of the cost and volume of the
allocated spaces and airtime in the form of determined
by Central Election Commission and have to should
inform the election commission which is carrying
out their registration, at least 5 days prior
to Election Day, earliest 5 days after the Election
Day about this records.
79.2. The registered candidates, political parties,
blocks of political parties, campaign groups on
referendum are toshould submit the documents approving
consent of payment of paid airtime and space in
periodicals on the inquiry of the relevant election
commission.
Article 80.
Allocating Terms of Free Airtime for Conducting
Pre-election Campaign on TV and Radio.
80.1. The candidates for Presidential elections
or political parties, blocks of political parties
with candidates registered in more than 60 single
mandate election constituencies or more than a
half of all municipalities, and the referendum
campaign groups, which have 40,000 or more members,
shall have the right to use free airtime on TV
and radio companies for conducting free pre-election
campaign according to the Article 77.2 of this
Code.
80.2. Candidates registered for single-mandate
constituencies and the campaign groups on referendum,
which have 20,000 or more members, as well as
political parties, blocks of political parties
which candidates have been registered in more
than 1/3 of all municipalities shall have the
right to use free airtime on TV and radio companies
for conducting free pre-election campaign according
to the Article 77.3 of this Code.
80.3. The candidates to membership of municipality
and the initiative campaign groups of citizens
on referendum, which have 2,000 or more members,
shall have the right to use free airtime on TV
and radio companies with the purpose of conducting
pre-election campaign according to Article 77.4
of this Code.
80.4. A draw is shall be conducted among the registered
candidates, political parties, blocks of political
parties with the reason of time division of the
allocated free airtime allocated according to
Article 80.7. of this Code, on the basis of a
submitted application, during within one week
period after the commencement of the period according
toset forth in Article 76 75 of this Code.
80.5 The total volume of the allocated free airtime
by the TV and radio companies must should not
be less than 3 hours in a week for pre-election
campaign according to Article 77.2 of this Code;
According to Article 77.3 of this Code, the total
volume of the allocated free airtime by the TV
and radio companies must should not be less than
1 hour and 30 minutes in a week for pre-election
campaign. If the total airtime of those broadcasting
companies is less than 2 hours during a day, the
mentioned airtime must should not be less than
¼ part of total volume of programs. The allocated
free airtime should be within the time when most
of the viewers can watch it.
80.6. The free airtime provided by broadcasting
companies shall be provided divided on equal terms
and by equal volume to theamong the registered
candidates, political parties, blocks of political
parties and campaign groups on referendum on equal
terms and divided by equal volume among them.
80.7. Date and time of airing of pre-election
materials are shall be determined by a draw conducted
by the relevant election commission with participation
of representatives of TV and radio companies.
The information about the time and place of the
draw is shall be officially published. The persons
mentioned in the Articles 40.2 and 40.4 of this
Code have the right to participate in draw. The
results of the draw are shall be formalized by
a protocol. The table of division of airtime defined
by the draw should be published by in the periodicals
mentioned in the Articles 77.2 and 77.3 of this
Code.
80.8. Expenses spent by TV and Radio companies
regarding the allocation of the free airtime to
candidates, political parties, blocks of political
parties and referendum campaigning groups will
shall be reimbursed from the state budget to those
TV and Radio companies.
Article 81.
Conditions for Allocation of Paid Airtime for
Conduct of Election Campaign on TV and Radio
81.1. The election campaign on TV and Radio companies
not considered by Articles 77.1 and 77.4 of this
Code shall start in accordance with the contract
signed with TV and Radio companies.
81.2. TV and Radio companies considered by Article
77.1 of this Code must should keep airtime in
reserve for conduct of paid election campaign.
Candidates for membership of municipality and
referendum campaigning groups members of which
are more than 20,000 cannot use this airtime.
The amount and terms of payment must should be
equal for all registered candidates, political
parties, blocks of political parties, referendum
campaigning groups and relevant information about
this must should be published at latest within
50 days after the decision on determination of
election day has beenis officially published.
Total volume of airtime for paid purposes reserved
by each TV and Radio companies cannot be less
or twice more than the total volume of free airtime
allocated in conformity with Article 80.5 of this
Code.
81.3. Norms of usage of airtime reserved for paid
purposes for each registered candidate, political
party, block of political parties, referendum
campaigning groups are shall be defined by dividing
its total volume by total number of registered
candidates or political parties and block of political
parties with registered list of candidates.
81.4 Airtime mentioned in Article 81.2 of this
Code should be presented by TV and Radio companies
within the period mentioned in Article 80.4. of
this Code. The time and date of election campaign
products to be aired is shall be determined by
TV and Radio companies based on results of lottery
conducted in the presence of authorized representatives
of candidates, political parties, blocks of political
parties and referendum campaigning groups who
have submitted relevant notification. The lottery
must should be conducted within the period determined
by Article 80.4 of this Code. Airtime shall be
presented on the basis of a contract signed after
the conduct of the lottery.
81.5. If a registered candidate, political party,
block of political parties or referendum campaigning
group refuse to use airtime after the lottery
has been conducted, they must should inform the
relevant TV and Radio companies about this 2 days
prior to the day of air. TV and Radio companies
shall decide themselves on how to use the vacant
airtime for the purposes except forother than
election campaign purposes.
81.6. Allocation of airtime on TV and Radio companies
not considered by Articles 77.1 and 77.4 of this
Code for registered candidates, political parties,
blocks of political parties, referendum campaigning
groups and its payment shall be performed on an
equal basis and conditions. TV and Radio companies
that do not observe these requirements and requirements
of Article 78.2 of this Code cannot allocate airtime
for election campaign purposes for registered
candidates, political parties, blocks of political
parties and referendum campaigning groups.
81.7. The contract on allocation of paid airtime
must should consider the following:
81.7.1. method of election campaign;
81.7.2. time and date of airtime;
81.7.3. period of airtime provided, its terms
and amount of payment;
81.7.4. After fulfillment of the agreement indicating
the form and conditions of participation of a
leading journalist, an act on using of air-time
with indication of the list of programs, name
of the program and its broadcasting time shall
be drawn up.
81.8. A registered candidate, political party,
block of political parties, referendum campaign
group must should submit the payment order on
transferring full amount of money for airtime
to the relevant bank at least 48 hours prior to
the day or air. The relevant bank should must
transfer money immediately after it gets the payment
order. Period of bank transfer should must not
be more than two banking days.
81.9. Payment for cost of airtime should must
be paid from the election fund of a registered
candidate, political party, block of political
parties and from the pre-election financial fund
(hereafter referred to as election fund) of referendum
campaigning groups.
81.10. If a registered candidate, political party,
block of political parties and referendum campaigning
group violate conditions defined by this Code
while using paid airtime, TV and Radio companies
can appeal to the court for termination of the
contract on allocation of airtime. TV and Radio
companies do shall not have the right to use that
vacant time for election campaign purposes after
termination of the contract.
Article 82.
Requirements for Transmission of Election Campaign
Programs via TV and Radio
82.1. It is shall be prohibited to interrupt transmission
of election campaign programs materials of a registered
candidate, political party, block of political
parties, referendum campaigning group with advertisements
for goods, works and services or with broadcasting
other programs.
82.2. It is shall be prohibited to interrupt election
campaign programs of a registered candidate, political
party, block of political parties, referendum
campaigning groups, transmitted by TV and Radio
companies mentioned in Article 77.1 of this Code,
with broadcasting programs of other TV or Radio
programs.
82.3. Information on conduct of election campaigning
activities of registered candidates, political
parties, blocks of political parties and referendum
campaigning groups should must be announced, as
a rule, at the beginning of the telecast which
is broadcasted without any comments. Candidates,The
registered candidates, political parties, blocks
of political parties, referendum campaigning groups
shall not pay for airtime spent for such information.
In such cases, any of registered candidates, political
parties, blocks of political parties, referendum
campaign group should not be given preference
while reporting election campaigning.
82.4. Election campaign telecasts or radiocasts
shall be video/audio taped. They shall be preserved
by TV and Radio companies for 12 months from the
day they have been aired. TV and Radio companies
mustshould preserve reports on allocation of free
and paid airtime for 5 years starting from the
Election Day.
Article 83. Conditions
for conduct of Pre-election Campaign via Periodicals
on a Free Basis
83.1. In order to conduct unpaid pre-election
campaign, candidates for Presidential elections,
political parties, blocks of political parties
with registered candidates in more than 60 single
mandate election constituencies or in more than
a half of all municipalities, and the citizens’
initiativecampaign groups on referendum which
have 40,000 or more members are shall be entitled
to relevant space for free advertising in periodicals
mentioned in Article 77.2. of this Code, issued
at least once a week.
83.2 In order to conduct unpaid pre-election campaign,
candidates registered for single-mandate constituencies
and the campaign groups on referendum, which have
20,000 or more members, as well as political parties,
blocks of political parties which candidates have
been registered in more than 1/3 of all municipalities
are shall be entitled to relevant space for free
advertising in periodicals mentioned in Article
77.3. of this Code, issued at least once a week.
83.3. In order to conduct unpaid pre-election
campaign, candidates for municipal elections and
the campaign groups on referendum, which have
2,000 or more members shall be entitled to relevant
space for free advertising in periodicals mentioned
in Article 77.4. of this Code, issued at least
once a week.
83.4. Based on applications submitted by the referendum
campaign groups of candidates, political parties,
blocks of political parties registered after commencement
of the date set forth in Article 75 of this Code,
a lottery for use of free advertisement pages
shall be held among them within one week in the
order determined by the Central Election Commission.
83.5. Editorial offices of the periodicals indicated
in Article 77.1. of this Code shall allocate special
pages in their periodicals for free publications.
83.6. Total weekly volume of free space allocated
by editorial offices of each periodical indicated
in Article 77.1. of this Code to the registered
candidates, political parties, blocks of political
parties and referendum campaign groups shall constitute
at least 10% of the general volume of space for
the period provided for in Article 75 of this
Code. The editorial office of the publication
shall announce the general volume of space provided
on free basis for pre-referendum campaign purposes
publication, within at least 50 days after publication
of decision on identification of the Election
Day. Periodicals shall allocate equal space/volume
for registered candidates, political parties,
blocks of political parties and campaign groups
on referendum.
83.7. Allocation of the general free space/volume
in the periodicals indicated in Articles 77.2.
and 77.3. shall be determined through dividing
this general volume correspondingly by the total
number of registered candidates, political parties,
blocks of political parties and referendum campaign
groups which are entitled to free publication
of pre-election materials in those periodicals.
83.8. Dates for free publication of pre-election
campaign materials of registered candidates, political
parties, blocks of political parties and campaign
groups on referendum shall be identified by a
draw, in the presence of the interested parties.
The draw shall be conducted on the date when the
period set forth in Article 75 of this Code commences.
Members of the relevant election commission, as
well as persons mentioned in Articles 40.2 and
40.4 of this Code, can participate in the draw
process. Results of the draw shall be officialized
by a protocol.
83.9. The expenses spent by periodicals for allocation
of free space in the periodicals for registered
candidates, political parties, blocks of political
parties and referendum campaign groups shall be
reimbursed to the periodicals from the state budget.
Article 84. The
Rules for Paid Pre-Election Campaign Using Periodicals
84.1. The periodicals mentioned in the Article
77.1 of this Code are shall be obliged to allocate
paid pages for pre-election campaign of the registered
candidates, political parties, blocks of political
parties and campaign groups on referendum. The
basis, conditions and amount of payment for allocated
space should must be equal for all registered
candidates, political parties, blocks of political
parties and campaign groups on referendum and
mustshould be published by the periodicals not
later than 50 days after a decision on determination
of elections has been officially published. Total
volume of space allocated on paid pages of the
periodicals should not be less than total amount
of free allocated space according to the Article
83.6. of this Code.
84.2. Every registered candidate, political party,
block of political parties and campaign groups
on referendum for a certain amount of payment
may can have a volume of space equal to the volume
which is determined by dividing the total amount
of space allocated for reserve on the page into
total number of appropriately registered candidates
and campaign groups of referendum.
84.3. The periodicals that are not mentioned in
the Articles 77.1 and 77.4 of this Code can publish
campaign materials of the registered candidates,
political party, block of political parties, campaign
group on referendum according to the contract
signed with them.
84.4. Periodicals, which are not mentioned in
the Articles 77.1 and 77.4 of this Code, are shall
be paid on an equal basis and conditions for the
cost of the offered volume of space to registered
candidates, political parties, blocks of political
parties and campaign group on referendum. Periodicals
that do not follow these rules and requirements
of the Article 78.2 of this Code cannot allocate
space for pre-election campaign materials of a
registered candidate, political party, block of
political parties and campaign groups on referendum.
84.5. After the draw, registered candidates, political
parties, blocks of political parties and campaign
groups on referendum shall pay the cost of allocated
space on periodicals based on the contract with
periodicals. A registered candidate, political
party, block of political parties and campaign
group on referendum should must submit a payment
order on full payment of the cost for allocated
space to the relevant bank at least two days prior
publication day. When these rules are violated,
such a space cannot be allocated by periodicals.
The relevant bank should must transfer money immediately
starting the day of the receipt of payment order,
but not later than the next banking day. In this
case bank transfer cannot take more than 2 banking
days.
84.6. Expenses for allocated space by the periodicals
are shall be paid from the election funds of the
registered candidate, political party, block of
political parties, campaign group on referendum.
84.7. Periodicals should must provide a space,
considered by the Article 84.2 of this Code within
the period mentioned in the Article 75 of this
Code.
84.8. The date of paid publication of pre-election
campaign materials of registered candidate, political
party, block of political partiesy, campaign group
on referendum is shall be determined by the lottery
conducted by the periodicals, on the basis of
written requests of their authorized representatives,
with participation of interested persons. The
draw is shall be conducted within the period defined
by the Article 75 of this Code. Members of the
relevant election commissions, as well as persons
mentioned in the Articles 40 and 40.4 of this
Code, shall have the right to be present during
the process of the draw. An official protocol
is shall be made on the results of the lottery.
Article 85.
Pre-Election Campaigning Rules for Using Periodicals
85.1. If a registered candidate, political party,
block of political parties, referendum campaign
group refuses to use the space allocated by the
periodicals after the draw, they should inform
the relevant periodical about this at least five
days prior the date of publication. The periodical
decides itself how tocannot use the vacant space,
except for the pre -election campaigning purposes.
85.2. According to this Article no editing comment
should be made unless the matter is agreed with
the candidates, political party, block of political
parties, campaign group on referendum, during
publication of pre-election campaign materials.
85.3. If periodicals founded by legislative, executive
bodies, court bodies and municipalities, officially
print founders’ official materials, information,
normative and other acts, these periodicals cannot
print pre-election campaign and other materials.
85.4. If periodicals have been founded by registered
candidates, political parties, blocks of political
parties or political parties which are member
of block of political parties, rules on equal
allocation of space and Articles 78.1 and 78.3
of this Code are shall not be applied to these
periodicals.
85.5. Pre-election campaign materials of a candidate,
registered candidate, political party, block of
political partyies, campaign group on referendum
published by the periodical must should contain
information about covering expenses of publication
from the election funds of the registered candidate,
political party, block of political parties, campaign
group on referendum. When pre-election campaign
materials are published free of charge, materials
must should reflect which candidate, political
party, block of political parties, campaign group
on referendum they belong to.
Article 86.
Election Campaign Using Mass Actions
86.1. State bodies and municipalities must should
assist the registered candidate, political party,
block of political parties, and campaign group
on referendum in organizing and holding of meetings
with citizens and open debates.
86.2. Applications of the registered candidate,
political party, block of political parties, and
their agents with a request to allocate a venue
for meetings with electors, are shall be considered
by the relevant executive authority in accordance
with the legislation of the Republic of Azerbaijan.
86.3. Venues (building, room) which are suitable
for holding meetings with electors and which are
owned by state or municipalities are shall be
provided free of charge by the owners, at times
agreed by registered candidates, political parties,
blocks of political parties, authorized representatives
of campaign groups on referendum, their agents
and the election commission. If a venue (building,
room) has beenis allocated to one of the registered
candidates, political party, block of political
parties, campaign group on referendum for conducting
pre-election (pre-referendum) campaign, the owner
cannot refuse, to allocate the same venue (building,
room) with the equal conditions to another candidate,
political party, block of political parties, campaign
group on referendum. Election commissions shall
create equal conditions for the registered candidates,
political parties, blocks of political parties,
and campaign groups on referendum to conduct pre-election
campaign using mass actions.
86.4. Registered candidates, political parties,
blocks of political parties, and campaign groups
on referendum shall have the right, regardless
of the form of ownership, to lease, based on a
contract, buildings and rooms owned by citizens
and organizations, for holding meetings, discussions
with voters and other pre-election mass activities.
86.5. Buildings and equipment, which are considered
cultural facilities in accordance with the relevant
State register, cannot be used for the purpose
of holding pre-election campaign.
86.6. It is shall be prohibited to conduct a pre-election
campaign in the territory of military units, military
organizations and military institutions. Registered
candidates, political party, block of political
parties, campaign group on referendum, their authorized
representatives and agents can conduct meetings
with electors who are in military service within
the territory of military unit, when such meetings
are arranged by the commanders of those military
units together with the Constituency Election
Commission, if only all registered candidates,
all political parties with registered candidates,
blocks of political parties, campaign group on
referendum for this constituency are necessarily
invited or informed about this meeting at least
three days prior to this meeting. The persons
mentioned above, political parties, blocks of
political parties, and citizens initiativecampaign
groups on referendum must should be provided with
equal conditions for conducting these meetings,
and opportunities shall be ensured for observers
to observe such meetings.
86.7. According to the legislation, relevant executive
bodies shall ensure security and public order
during pre-election mass actions.
Article 87. Production
and Distribution of Printed, Audiovisual and Other
Pre-Election Campaign Materials
87.1. The registered candidates, political parties
with registered candidates, blocks of political
parties, campaign groups on referendum shall have
the right to produce printed, audiovisual and
other pre-election campaign materials in accordance
with the rules defined by the law.
87.2. Before the day of official publication of
a decision on the determination of elections (referendum),
the advertising organizations, founders (co-founders)
of which that are the state bodies or municipalities
or their organizations, must should create equal
conditions for the candidates registered for relevant
constituencies, political parties, blocks of political
parties, campaign groups on referendum, from theon
account of funds allocated by from state bodies
and municipalities.
87.3. Printed and audiovisual pre-election campaign
materials must should contain information on:
• The company which produced it;
• The organization which ordered the company to
produce it;
• The quantity of issues;
• The date of production.
87.4. A registered candidate, political party,
block of political parties, and campaign group
on referendum must should submit detailed information
about printed pre-election campaign materials
or their copies to the election commission. Besides
these materials, they must should submit addresses
of organizations, which ordered and produced them,
to the relevant election commission.
87.5. It is shall be prohibited to distribute
pre-election campaign materials violating rules
defined by Articles 87.3. and 87.4. of this Code.
87.6. At least 30 days prior the Election Day,
the relevant executive authorities and municipalities,
with a request from the Constituency Election
Commission, must should allocate locations for
posting of pre-election campaign materials on
notice boards within the territory of each voting
station. These places must should be accessible
for voters and information displayed there should
must be easily read. Registered candidates, authorized
representatives of a political party, block of
political parties and campaign group on referendum
shall have the right to obtain a list of locations
allocated for displaying pre-election campaign
materials from the Constituency Election Commission.
87.7. In the cases not mentioned in Article 87.6.
of this Code, the pre-election campaign materials
can be displayed (hung, stuck, etc.) in the rooms,
buildings and other places only with consent of
the proprietors or owners of those places.
87.8. It ishall be prohibited to display pre–election
campaign materials on buildings, constructions
and rooms which are considered to be historical
or cultural monuments, included in the relevant
state register, as well as in rooms used by election
commissions, on the notice boards specified in
Article 98.3 of this Code, in the voting rooms
and their entrances.
87.9. The election commission, that obtains information
about distribution of forged publications, audiovisual
and other pre-election campaign materials or violation
of rules defined by Articles 87.3., 87.4., 87.7.,
87.8. of this Code, should take necessary measures,
and apply to the to the law-enforcement bodies,
court or other authorities in accordance with
the Code of Administrative Offenses or the Criminal
Code of the Azerbaijan Republic, to stop such
campaign activities which contradict the law and
to remove the pre-election campaign materials
distributed illegally.
Article 88.
Preventing Abuse to Conduct Pre-Election Campaign.
88.1. Pre–election programs (pre-referendum calls)
of the candidates, political parties, blocks of
political parties and campaign groups on referendum
registered in compliance with the Criminal Code,
Code of Administrative Offences and Civil Code
of the Azerbaijan Republic, meetings and pre –
election campaign materials distributed by mass
media and speeches must should not contain incitements
to capture the government by force, to change
the constitutional system by force, to violate
the territorial integrity of the country, to insult
citizens honor and dignity. This prohibition should
be implemented in accordance with Article 47 of
the Constitution of the Azerbaijan Republic.
88.2. When conducting a pre-election campaign
in compliance with the Criminal Code of the Republic
of Azerbaijan, it is shall be prohibited to abuse
the mass media for campaigns, which incite social,
racial, national and religious hatred and hostility.
88.3. According to Article 30 of the Constitution
of the Republic of Azerbaijan and the Civil Code
of the Republic of Azerbaijan, it isshall be prohibited
to conduct a campaign, which violates intellectual
property rights.
88.4. Candidates, registered candidates, political
parties, blocks of political parties, campaign
group on referendum and their agents who participate
in pre-election campaign directly or indirectly,
as well as other persons and organizations are
shall be prohibited from:
88.4.1. giving money, gifts and other valuable
things (except for badges, stickers, posters and
campaign materials with other nominal value) to
voters, excepting purposes for performance of
organizational works;
88.4.2. depending on results of voting, rewarding
the voters who performed organizational works,
or promising to reward them;
88.4.3. selling goods at a discount, providing
goods (except for printed materials) free of charge;
88.4.4. providing free or discounted services;
88.4.5. influencing the voters during the pre-election
campaign by promising them securities, as well
as other goods, money and other services that
contradict with the legislation.
88.5. Registered candidates, agents and authorized
representatives of political parties, blocks of
political parties as well as their founders, proprietors,
owners, and members of managing bodies, initiators
of established campaign groups on referendum,
or legal entities, persons and organizations,
which are mentioned as authorized representatives
of such groups and their commercial and other
activities can be advertised (provided that the
advertisement clearly displays the relationship
to a candidate or political party) according to
the rules mentioned in Articles 81 and 84 of this
Code from the relevant election (referendum) funds.
Such advertisement should be terminated 24 hours
prior to the commencement of voting.
88.6. If TV and radio companies and periodicals
mentioned in the Articles 77.1 and 77.4 of this
Code participate in the pre-election campaign
and do not create conditions for a registered
candidate, before the pre-election campaign finishes,
to defend his/her dignity and honor or to disprove
misinformation about him/her during the pre-election
campaign, TVs, radio companies and periodicals
must should prevent distribution and broadcast
of false information which impugns the dignity
and honor of the candidate. If programs of the
TV and radio companies and periodicals mentioned
in the Articles 77.1 and 77.4 of this Code do
not provide a registered candidate with conditions
to defend his/her dignity and honor on the air
and periodicals by the end of the pre-election
campaign, TV and radio companies and periodicals
and their high officials can be subject to liability
established by the legislation.
88.7. If a registered candidate or campaign group
on referendum violates Articles 88.1-88.3. of
the present Code, the relevant election commission
should apply to the court with a request, and
other state bodies can use this right as well.
If the registered candidate, political party,
block of political parties, and or campaign group
on referendum violates other rules defined by
this Code for conduct of pre-election campaign,
the relevant election commission shall warns through
its decision the registered candidates, political
party, block of political partyies, and or the
campaign group on referendum or applyies to the
court to stop illegal campaign. The relevant decision
of election commission is shall be published on
press.
88.8. If TV, radio companies and periodicals violate
the rules for pre-election campaigning defined
by this Code, the relevant election commission
shall has have the right to apply to the law enforcement
bodies, the court and the relevant executive authorities,
upon initiative of the subordinate press group
consisting of journalists in the order defined
by the Central Election Commission, with a request
to stop illegal pre-election campaigning, and
to take necessary measures about these companies
and periodicals and their officials.
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