. : ELECTION CODE OF THE REPUBLIC OF AZERBAIJAN

 

CHAPTER Thirteen. PRE-ELECTION (PRE-REFERENDUM) CAMPAIGN


Article 74. Conduct of Pre-election (Pre-referendum) Campaign.

Article 75. The Period of Pre-Election Campaigning.

Article 76. Public Opinion Survey

Article 77. Basic Duties of Mass Media during Pre-Election Campaign

Article 78. Common Terms of Pre-election Campaign in Mass Media on the Paid Basis

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.

Article 80. Allocating Terms of Free Airtime for Conducting Pre-election Campaign on TV and Radio.

Article 81. Conditions for Allocation of Paid Airtime for Conduct of Election Campaign on TV and Radio

Article 82. Requirements for Transmission of Election Campaign Programs via TV and Radio

Article 83. Conditions for conduct of Pre-election Campaign via Periodicals on a Free Basis

Article 84. The Rules for Paid Pre-Election Campaign Using Periodicals

Article 85. Pre-Election Campaigning Rules for Using Periodicals

Article 86. Election Campaign Using Mass Actions

Article 87. Production and Distribution of Printed, Audiovisual and Other Pre-Election Campaign Materials

Article 88. Preventing Abuse to Conduct Pre-Election Campaign

 



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.


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