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Article 89.
Financing Preparation and Conduct of Elections
(Referendum)
89.1. The expenditures made for preparation and
conduct of elections (referendum) (hereafter referred
to as –elections), and the activities of election
commissions during their term of office are shall
be financed paid from the state budget. Expenses
mentioned above are shall be considered by the
state budget in accordance with the budget division
of the Republic of Azerbaijan.
89.2. Funds allocated for preparation and conduct
of elections shall be are transferred by the relevant
executive authority to the bank account of the
Central Election Commission within 10 days after
the decision to determine elections has been officially
published.
89.3. The Central Election Commission shall transfers
funds requireds for preparation and conduct of
elections to the Constituency Election Commissions
at least 90 days prior to the voting day, and
the Constituency Election Commissions shall distribute
the received funds among the Precinct Election
Commissions at least 10 days prior to the voting
day. In case of additional elections, or if funds
have not been transferred in time or completely,
election commissions shall distribute and transfer
funds on their receipt.
89.4. The chairpersons of the election commissions
shall give instructions on how to use these allocated
funds for preparation and conduct of elections,
and they are shall be responsible for ensuring
that financial statements correspond with the
decisions of election commission and for submission
of financial statements on expenses according
to the rules and period defined by this Code.
89.5. Unused funds of the election commissions
should be transferred to the account of the Central
Election Commission at latest within 60 days after
the Election Day to be used for purposes defined
by this Code and should remain in this account.
Unused credits are returned to the relevant bank,
which allocated them, by the Central Election
Commission at least within three months after
the final results of elections are officially
published.
Article 90.
Election (Referendum) Funds of Candidates, Registered
Candidates, Political Parties, Blocks of Political
Parties and Initiative Groups on Referendum
90.1. In order to finance activities of candidates,
registered candidates, political parties or blocks
of political parties, which nominate candidates
or have candidates registered, and referendum
campaign groups, the election (referendum) funds
(hereafter referred to as election funds) shall
beare created.
90.2. The following shall be are prohibited from
rendering voluntary donations and assistance in
kind or through service provision to election
funds of candidates, registered candidates, political
parties, blocks of political parties, and campaign
groups on referendum:
90.2.1 Foreign countries and foreign legal entities;
90.2.2 Foreign citizens;
90.2.3 Persons without citizenship;
90.2.4 Citizens who are under 18 years of age;
90.2.5 Legal entities of the Republic of Azerbaijan,
if on the day of official publication of the decision
to define elections, more than 30% of the charter
(property) capital of the legal entity of the
Republic of Azerbaijan belongs to the persons
mentioned in Articles 90.2.1, 90.2.2 and 90.2.3
of this Code;
90.2.6 International organizations and international
public movements;
90.2.7 State bodies, and municipalities;
90.2.8 State and municipal organizations and offices;
90.2.9 If on the day of official publication of
the decision to define elections, legal entities,
with more than 30% of the charter capital belonging
to state or municipality;
90.2.10 Military units;
90.2.11 Charitable organizations, religious associations,
offices and organizations;
90.2.12 Anonymous donation provider who does not
indicate one of the following pieces of information:
For a citizen:
• Name, surname, patronymic;
• Batch and serial number, date of issue, of his/her
identification document or a document substituting
it;
• His/her address;
• Date of birth;
For a legal entity:
• Identification number of taxpayer;
• Name;
• Date of registration;
• Bank account;
• About shares owned by state or municipalities
in their charter capital and their amount, and
amount of foreign shares in their charter capital
– misinforming or not informing thereabout
90.3. A candidate, registered candidate, political
party, block of political parties, and campaign
group on referendum shall have the right to give
instructions on how to use the election fund created
by themselves. Election funds should be spent
for special purposes. They can be used only for
the following purposes:
90.3.1 To finance organizational-technical actions
for collection of signatures, to support nomination
of candidates and list of candidates and to get
approval for becoming a member of a referendum
campaign group, as well as to pay for relevant
persons collecting voters’ signatures;
90.3.2 To pay expenses regarding pre-election
campaign, as well as information and consulting
services;
90.3.3 Expenses regarding other works during the
pre-election campaign performed by legal entities
and citizens;
90.4. Candidates, registered candidates, political
parties, blocks of political parties, campaign
groups on referendum shall use money transferred
to their election funds accounts in accordance
with the rule defined by this Code up to the voting
day. Candidates, registered candidates, political
parties, blocks of political parties, campaign
groups on referendum are shall be prohibited from
using other funds, besides other than the election
funds, for pre-election campaigning activities
and collecting of signatures. These rules, except
the cases mentioned in the Articles 55.3 and 69.8
of this Code, do shall not concern the funds used
by the political parties for their other purposes
not related to the election campaign and not considered
pre – election campaign.
90.5. The candidate that has not been registered
with the relevant election commission, the political
party or block of political parties which candidate
has not been registered can pay back the unused
amount of the election funds (providing that delivery
expenses are excluded) to the donor citizens and
legal entities, in the amount appropriate to proportional
correlation of the transferred donations, until
the final financial report is submitted. If the
unregistered candidate, political party or block
of political parties with an unregistered candidate
does not use this right, then the unused money
shall be transferred correspondingly to the state
or municipal budget.
90.6. Unless the monetary funds allocated by relevant
election commissions for the registered candidate,
political party or block of political parties
with a registered candidate are returned, and
the political party or blocks of political parties
reimburses TV and radio companies and editorial
offices of periodicals for free airtime and space
in periodicals, it shall be prohibited to return
the unused amount of the election funds to the
citizens and legal entities that donated money
to their election funds. In such case, the political
parties, blocks of political parties shall firstly
return the funds of the election commission.
90.7. After the funds of the election commission
are returned and TV and radio companies and editorial
offices of periodicals are reimbursed for free
airtime and space in periodicals, the registered
candidate, the political party or block of political
parties with a registered candidate can transfer
the unused amount of the election funds to settlement
accounts of the donor citizens and legal entities,
in the manner provided for in Article 90.5 of
this Code. If the registered candidate, the political
party or block of political parties with an unregistered
candidate does not use this right, then the unused
monetary funds shall be transferred correspondingly
to the state or municipal budget.
Article 91.
Special Election (Referendum) Accounts
91.1. The special election (referendum) accounts
to form an election fund (hereafter referred as
election accounts) is shall be opened in the relevant
bank, defined by the Central Election Commission
to form election fund. This account mustshould
be opened at least 24 hours prior to the collection
of voters’ signatures, which is necessary for
the registration of candidate, and a campaign
group on referendum. Candidate, political party,
block of political parties and campaign group
on referendum can open only one special account.
91.2. The relevant bank must should open within
3 days a special election account for candidate,
political party, block of political parties, and
campaign group on referendum after they submit
documents established in accordance with the rule
defined by this Code. Bank operations and services
for opening a bank account are free. No interest
or charges are paid to the bank for use of funds
available in a special election account. All funds
are shall be transferred in manats to special
election account.
91.3. All financial transactions of registered
candidates, political parties with registered
candidates, block of political parties, initiative
campaign groups on referendum are shall be stopped
within 3 days after the voting day.
91.4. The relevant bank with the instruction of
the relevant election commission shall stops financial
transactions to pay expenses from the specific
election accounts of candidates, registered candidates,
political party, block of political parties and
a campaign group on referendum in the following
cases:
• If the necessary documents for registration
defined in accordance with the rule in this Code
were not submitted to the relevant election commission
or the person refused to be registered;
• If the person who wanted to become a candidate
withdraws his/her application of consent or candidacy;
• If a political party, block of political parties
withdraws its candidate;
• If initiators of establishing of a campaign
group on referendum apply to the relevant election
commission to withdraw their membership from this
group and in this case, if the number of initiators
of establishing of a campaign group on referendum
is less than the number defined in the Article
63 of this Code; or
• if a decision was made to cancel the registration.
Article 92.
Basis for Prolonging of Financial Operations
92.1. The Central Election Commission can prolong
the period of financial operations based on the
appeal (request) of a candidate, registered candidate,
political party, block of political parties and
campaign group on referendum in the following
cases:
92.1.1. For covering expenses of candidate, political
party with registered candidate, block of political
parties and campaign group on referendum for the
implemented activities, before they received refusal
of registration; if a candidate withdraws his/her
application on his/her consent to be a candidate,
or his/her candidacy is withdrawn by a political
party and block of political parties; when initiators
of establishing of the campaign group on referendum
apply to the relevant election commission to leave
from membership of this group and if, in such
case, the number of initiators of establishing
of the campaign group on referendum is less than
the number identified in the Article 63 of this
Code; for covering expenses of work performed
before signature sheets and other documents for
registration are submitted within the period defined
by this Code;
92.1.2. In connection with reimbursement of the
cost of activities performed (carried out) by
• A candidate, who withdrew his/her candidacy;
• Political parties, blocks of political parties
that withdrew its their registered candidate;
• A registered candidate whose registration was
cancelled;
• A referendum campaign group registration of
which was cancelled, before the decision on cancellation
of registration of the referendum campaign group,
or the candidate, list of candidate was made.
92.1.3. other cases, which require covering the
expenses spent for the actions up to the Election
Day by a registered candidate, political party,
block of political parties, and campaign groups
on referendum.
Article 93.
Voluntary Donations to an Election (Referendum)
Fund
93.1. Voluntary donations to the election fund
of a candidate, registered candidate, political
party, block of political parties, and campaign
group on referendum are shall be transferred through
post offices, banks and credit organizations.
These donations shall be are accepted only from
the citizens of the Republic of Azerbaijan and
they should contain the following information
about them:
• Surname, surname, patronymic;
• Date of birth;
• Address
• Batch and serial number of identification document
or a document, which substitutes it.
93.2. Voluntary donations of legal entities shall
be are received by bank transfer to the election
fund of candidate, political party, block of political
parties, and campaign group on referendum recording
the following information:
• Whether legal entities have state, municipal
or foreign share in their charter capital, or
not;
• Its name;
• Date of registration, identification number
of taxpayer;
• Bank account information.
93.3. Voluntary donations of physical and legal
entities shall be are transferred to the specific
election account through post offices and banks
not later than next banking day after they receive
the relevant payment document. In this case, period
for bank transfer cannot be more than 2 days.
93.4. A candidate, registered candidate, political
party, block of political parties, campaign group
on referendum shall have the right to return any
donations to the donator, except for anonymous
ones.
93.5. If donations are transferred to the election
funds of candidates, registered candidates, political
parties, blocks of political parties, and initiative
campaign group on referendum by citizens or legal
entities who do not have right to do that, or
if amount of donation is more than the amount
mentioned in this Code, the candidate, registered
candidate, political party, block of political
parties, and campaign groups on referendum must
should return the whole amount or a part of it
which exceeds the required amount to the donator
within 10 days after its receipt, indicating the
reasons for bank transfer and deducting expenses
for transfer.
93.6. A candidate, registered candidate, political
party, block of political parties, and campaign
group on referendum shall are not be responsible
for accepting the donations due to the inaccurate
information mentioned in Articles 93.1 – 93.2
of this Code only when they did not receive the
information about inaccurate documents in time.
93.7. Anonymous donations are shall be transferred
to the state budget by the candidate, registered
candidate, political party, block of political
partyies, and campaign group on referendum within
10 days after receipt of such donations.
93.8. Citizens and legal entities can assist the
nomination and election of a candidate, registered
candidate by transferring donations to the relevant
election funds.
93.9. If a candidate, registered candidate or
political party, block of political parties, members
of a campaign group on referendum or their authorized
representatives on finance do not agree officially,
it is shall be prohibited:
• To render paid services regarding the elections;
• To sell goods;
• To provide services and to cover expenses for
that from election fund.
Legal entities, their branches, representatives
and other organizations shall be are prohibited
from rendering assistance free or at a baseless
discount regarding the elections and referendum.
93.10. A citizen can personally render free, voluntary
assistance to the candidate, registered candidate,
political party, block of political parties, and
campaign group on referendum him/herself, not
inviting third person during the election campaigning.
Article 94.
Report on Election Funds
94.1 Registration of opening and use of specific
bank accounts, rules for reporting, as well as
rules for collection and expenditure of election
funds of candidates, registered candidates, political
parties, blocks of political parties, and campaign
groups on referendum are shall be defined by the
Central Election Commission with an agreement
of the National Bank, at least 110 days prior
to the Election Day.
94.2 A candidate, registered candidate, political
party, block of political parties, and campaign
group on referendum must should register the collection
and expenditure of their election funds.
94.3 Candidates, registered candidates, political
parties or blocks of political parties shall submit
their financial report to the relevant election
commission as follows:
94.3.1. first initial financial report shall be
submitted to the relevant election commission
in accordance with the rule defined by this Code
together with the required documents for registration;
this report shall contain information for the
period two days prior to the date indicated in
the report;
94.3.2. second initial financial report shall
be submitted to the relevant election commission
at earliest 20 days and at least 10 days prior
to the Election Day; this report shall contain
information for the period of seven days prior
to the date indicated therein the report;
94.3.3. final financial report is shall be submitted
at latest 10 days after final results of elections
(referendum) officially published; initial financial
documents on the collection and expenditure of
election funds are shall be attached to the final
financial report.
94.4 If a candidate, registered candidate lose
his/her status, the duties for financial reporting
shall be assumed by citizens who have been a candidate,
registered candidate. The duties for financial
reporting of political parties, blocks of political
parties and referendum campaign group shall be
carried out by their representatives authorized
for financial issues. If there is no such authorized
representative, financial reporting can be made
by other persons who are included in the staff
of political parities or block of political parties,
and participated in the election (referendum)
campaign and who are authorized to represent political
parties, referendum campaign group.
Article 95.
Openness in Spending of Election Funds
95.1. Copies of financial reports of registered
candidates, political parties and blocks of political
parties which have a registered candidate, referendum
campaign groups shall be published within 5 days
after their receipt by the relevant election commissions.
95.2. The relevant bank shall inform the Central
Election Commission about the funds entered to
and spent from the election funds of candidates,
registered candidates, political parties and blocks
of political parties not less than once a week,
and if there are 10 days remaining until the Election
Day – not less than once in three banking days,
in the manner determined by the Central Election
Commission. The State Automated Information Systems
can be used for these purposes and dissemination
of such information shall not be allowed. Accordingly,
Constituency Election Commissions or the Central
Election Commission shall submit the information
on collecting and expenditure of election funds
to the mass media, regularly, not less than once
every two weeks up to the Election Day. The relevant
election commission shall inform registered candidates,
political parties and blocks of political parties,
about their collection and expenditure of election
funds, provided by the relevant bank, based on
their official request.
95.3. The periodicals considered by the Articles
77.2., 77.3 and 77.34. of this Code are toshall
be obliged to publish information on the receipt
and expenditure of funds given to them by the
relevant election commissions.
95.4. The Relevant executive authorities shall
submit information on founders of a legal entity
or legal entities, presence or lack of state,
municipal or foreign share in legal entities charter
capital, name of legal entity, date of registration
of legal entity to the relevant election commissions
within five days after the list of legal entities
which have contributed donations to the candidates,
political parties and blocks of political parties
is received from the relevant election commissions.
This information is shall be submitted in accordance
with format defined by the Central Election Commission.
State Automated Information System can be used
for these purposes and dissemination of such information
shall not be allowed.
95.5. The relevant election commission shall provide
candidates, registered candidates, political parties
and blocks of political parties with information
received by the commission immediately, in accordance
with their request.
95.6. If the relevant election commission receives
information about contribution that violates the
requirements of the Articles 90 and 93 of this
Code, the relevant candidate, registered candidate,
political parties, and blocks of political parties
and campaign groups on referendum shall be informed
about this immediately.
Article 96.
Financial Provision of Election Commissions’ Activity
96.1. Funds allocated for preparation and holding
of elections and for organization of election
commissions’ activities shall be used by the election
commissions independently for the purposes defined
by this Code.
96.2. The following directions of activities of
election commission shall be financed from the
state budget including balance of funds from the
previous elections:
96.2.1. participation of registered candidates,
political party and block of political parties,
referendum campaign groups which have a registered
single lists of candidates in formation of election
funds, in accordance with the rules and amount
defined by this Code;
96.2.2. transport expenditures and compensations
paid for candidates registered for an election
constituency (constituencies) in accordance with
the rules and amount determined in Article 70
of this Code;
96.2.3. payment of salaries for members of election
commissions with decisive voting rights, employees
of election commissions or supernumerary employees
who work in election commission on the basis of
civil contract;
96.2.4. producing stamps, implementing printing
activities, acquiring technical equipment and
its installation;
96.2.5. transport expenditures, as well as transport
expenditures in remote and difficult to access
districts;
96.2.6. transportation and security of election
documents;
96.2.7. implementation of proposed programs in
the field of development of election systems,
voters education and election organizers’ education;
96.2.8. payment of business trips and other expenses
regarding the elections; other expenses regarding
powers and functions of election commissions.
96.3. Members of the Central Election Commission
shall be paid salary in the amount defined by
the relevant executive power body. The right to
an average monthly salary from the permanent place
of residence of an election commission member
with a decisive voting right, indicated in Articles
36.3.1 and 38.1 of this Code, and who is not released
from his/her municipal employment during the preparation
and holding of elections, as well as during compilation
of voters lists should be preserved and he/she
be paid additional salary compensation by the
relevant election commission in accordance with
rules and amount defined by the Central Election
Commission.
96.4. The rules for the transfer of money allocated
by the Central Election Commission for other election
commissions, reporting, registration, opening
and closing of bank accounts shall be defined
and agreed by the Central Election Commission
and the National Bank at least 90 days prior to
the voting day. The bank shall not charge election
commissions for opening a bank account or for
conducting bank operations. No interest is paid
for use of these accounts. Election commissions
shall conduct financial records of expenditure
of funds allocated from the state budget.
96.5. The Central Election Commission together
with the National Bank, shall define and agree
on samples of financial reports of election commissions
on receipt and expenditure of funds allocated
for the preparation and conduct of elections,
document on receipt and expenditure of election
funds of candidates, registered candidates, political
parties, blocks of political parties at least
90 110 days prior to the voting day.
96.6. The Precinct Election Commission shall submit
its financial report on receipt and expenditure
of election funds allocated from the state budget
to the Constituency Election Commission within
5 days after the voting day.
96.7. The Constituency Election Commission shall
submit to the Central Election Commission its
financial report on receipt and expenditure of
funds allocated from the state budget within 10
days after the voting day.
96.8. The Constituency Election Commission shall
submit information on receipt and expenditure
of election funds of candidates and registered
candidates to the Central Election Commission
within 10 days after final results of elections
are officially published.
96.9. The Central Election Commission shall provides
the President of the Republic of Azerbaijan, the
Milli Majlis and the mass media with the information
about use of funds in the budget amounts, use
of election funds by candidates, registered candidates,
expenditure of election funds of political parties
and blocks of political parties and referendum
campaign groups within three months after official
results of elections are published. The information
mentioned above must should be published by the
official press of the Central Election Commission
within a month starting the date it submitted
this information to the President of the Republic
of Azerbaijan and to the Milli Majlis.
Article 97.
Supervisory and Audit Services of Election Commissions
97.1. A supervisory and audit service shall be
established in the Central Election Commission
and Constituency Election Commissions to ensure
the control of expenditure of funding allocated
to election commissions for election purposes,
correct registration and use of election funds
and sources of funding.
97.2. The supervisory and audit service shall
includes the following:
97.2.1. head of the supervisory and audit service;
97.2.2. election commission members appointed
to that service, experts involved from the government,
National Bank and other organizations and institutions.
According to the request of relevant election
commissions, and starting from the date of official
publication of decision on assignment of the election,
the bodies mentioned above should send relevant
specialists to the Central Election Commission
and to the Constituency Election Commission for
the period of elections.
97.3. When experts involved with the supervisory
and audit service are employed by state or municipal
bodies or temporarily released from their employment,
their average salaries shall be preserved in their
permanent working place and they shall be paid
additional salary compensation from the relevant
election commission in accordance with the rules
and amount defined by the Central Election Commission.
97.4. The Central Election Commission shall approve
the statute of the supervisory and audit service,
at least 110 days prior to the Election Day. Organizational,
legal and logistical support to the supervisory
and audit service shall be provided by the relevant
election commissions.
97.5. The supervisory and audit service shall
haves the right to control receipt of funding
to the election funds of candidates, registered
candidates, political parties and blocks of political
parties, referendum campaign groups, registration
of these funds and their purposeful expenditure,
as well as purposeful expenditure of funds allocated
for subordinate election commissions. For these
purposes the supervisory and audit service shall:
97.5.1. shall audit financial reports of candidates,
registered candidates, political parties and blocks
of political parties, referendum campaign groups
and lower level election commissions;
97.5.2. shall obtain information on all issues
within its powers from the candidates, registered
candidates, political parties and blocks of political
parties, referendum campaign groups and election
commissions;
97.5.3. shall obtain necessary information on
issues concerning this service and finance of
elections from the executive authorities, municipalities,
organizations and citizens: requests of supervisory
and audit service should be answered within 10
days, but 5 days prior to the voting day and on
the voting day – immediately;
97.5.4. shall prepare documents on financial violations
that occurred during the finance of elections;
97.5.5. shall raise a matter before the relevant
election commission on implementation of accountability
measures for the violations occurred during finance
of elections by physical and legal entities, candidates,
registered candidates, political parties and blocks
of political parties, referendum campaign groups;
97.5.6. shall involve experts for conducting investigations
and for preparing expert considerations.
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