. : ELECTION CODE OF THE REPUBLIC OF AZERBAIJAN

Article 112. Filing Complaints on Actions (Lack of Actions) and Decisions that Violate Citizens’ Rights to Elect
112.1. Voters, candidates, registered candidates, political parties, blocks of political parties, referendum campaigning groups, agents of registered candidates, political parties, blocks of political parties, referendum campaigning groups, observers as well as election commissions can file complaints about decision and actions (lack of actions) which violate citizens’ right to elect within 7 3 days after the date the very decision is published or made or the date actions (lack of actions) occurred, or the interested person is informed about it.
112.2. The persons indicated in Article 112.1 of this Code may submit their complaints to the relevant superior election commission.
112.3. If complaints of the persons indicated in Article 112.1 are initially not considered by a superior election commission, consequently they can file complaints on the decision or the action (inaction) of the constituency election commission to the Central Election Commission, and on the decision or the action (inaction) of the Central Election Commission to the Court of Appeal.
112.4. If the infringement described in the complaint can be considered criminal actions according to the Criminal Code of the Azerbaijan Republic, the relevant election commission can apply to relevant public prosecutor’s bodies along with making decisions regarding elimination of shortcomings or infringements indicated in the complaint. In any case, the Central Election Commission must make a grounded decision upon consideration of any complaint. If existence of an element of crime is assumed during the investigation of the complaint, the prosecuting body should be informed about it. The relevant prosecuting body must consider the complaint within 3 days.
112.5. The court can cancel decisions (including decisions on results of voting, election returns) of the relevant election commissions in the circumstances considered by this Code and other laws.
112.6. If the court cancels the decision of the election commission, the same election commission mustshould make a new decision regarding the same issue, or superior election commission mustshould make a relevant decision based on the decision of the court. Non-implementation of the court resolution shall impose criminal liability in accordance with the Criminal Code of the Republic of Azerbaijan.
112.7. Examination of the complaint about the decision on voting results and election returns or investigation of the facts regarding violation of this Code shall is not be considered as violation of immunity of candidates considered to be elected in conformity with this Code. A candidate considered to be elected cannot refuse to testify as a witness during administrative, civil or criminal investigations regarding the complaints about violation of citizens’ right to elect while he/she was being elected (except for cases provided for in the Civil-Procedure Code and the Criminal-Procedure Code of the Azerbaijan Republic).
112.8. The election commission shall haves the right to receive citizens’ and officials’ information and to require necessary documents and materials while considering the following:
• issues on cancellation of registration of registered candidate, referendum campaigning groups;
• issues on refusal of registration of candidate, referendum campaigning groups;
• appeals on invalidation of election of a registered candidate.
112.9. The superior election commission shall haves the right to cancel decision of the subordinate election commission or to make a decision regarding the complaint or to instruct to reexamine the very issue.
112.10. A decision on any complaint received by the election commission during the election processes shall be made within 3 days, or immediately, if complaints are received on the election day or the day after the election day, and be delivered to the plaintiff.
112.11. The courts should consider the complaints concerning decisions of the election commissions within 3 days (if no less timeline is identified by this Code). A complaint on the court decision can be filed with the superior court instance within 3 days.

Article 113. Cancellation of Registration of Registered Candidates, Referendum Campaigning Groups and Refusal of Registration of Candidates
113.1. If a candidate, registered candidate, political party, block of political parties, referendum campaigning group violates provisions of this Code, the relevant election commission shall warns the candidate, registered candidate, political party, block of political parties, referendum campaigning group, providing the voters are informed through the mass media. The election commission shall haves the right to make a decision about the following issues irrespective of whether or not a complaint considering Article 112.2. of this Code was made about them:
• refusal of registration of a candidate, referendum campaigning group;
• filing a complaint with a court on cancellation of registration of registered candidate, referendum campaigning groups;
• invalidation of election of a candidate;
• cancellation of decision on voting results and election returns.
113.2. The election commission can adopt a decision on refusal from registering a candidate and a referendum campaign group, and on a request to the court in regard of canceling the registration of the registered candidate and a referendum campaign group, under the following circumstances:
113.2.1. if information submitted by a candidate, political party, block of political parties, referendum campaigning group in conformity with this Code is not accurate and if their invalidity is of importance (except for cases indicated in Article 60.3. of this Code);
113.2.2. if a candidate, referendum campaigning groups are found to conduct election campaign before they are registered or before the period considered by Article 75 of this Code, and if the warning made before is not considered (this provision cannot serve as a ground for restricting the freedom of expression and thought, provided for in the Constitution of the Republic of Azerbaijan) ;
113.2.3. the fact of winning over the voter to its side i.e. actions prohibited by Article 88.4. of this Code committed by a candidate, political party, block of political parties, referendum campaigning group or their authorized representatives, or agents are found;
113.2.4. participation of legal entities, state and municipal bodies, structures and organizations in collection of signatures, regardless their form of property; if the fact of forcing the voters sign while collecting the signatures is found out; reward of voters for their signatures;
113.2.5. if a candidate nominated for a relevant constituency uses other funds for financing his/her election campaign which exceed more than 5% of the highest limit of expenses from election fund defined by this Code, and if the warning made before is not considered;
113.2.6. if a political party, block of political parties, referendum campaigning group uses other funds for financing their election (referendum) campaign which exceed more than 5% of the highest limit of expenses from election funds defined by this Code and if the warning made before is not considered;
113.2.7. if a candidate, political party, block of political parties, referendum campaigning group, as well as political parties included in the block of political parties, authorized representative, members or agents of political parties, blocks of political parties, referendum campaigning groups:
• are proprietors, founders, owners of relevant organizations or they participate in managing boards;
• conduct charitable activities during the election (referendum) campaign;
• render financial and material assistance to physical or legal entities; or renders services to voters;
• assist to render such assistance to physical and legal entities or make a proposal related thereto, or physical and legal entities agree with rendering assistance on their behalf, and if the notification made about it before is not considered ;
113.2.8. if a candidate, political party, block of political parties and referendum campaigning groups do not submit their initial financial report, and if the advance notification about it is not taken into account;
113.2.9. if a candidate, authorized representatives of a political party, block of political parties and campaign groups use their occupation or service position during election campaigning, and if the advance notification about it is not taken into account;
113.2.10. if a candidate, political party, block of political parties, as well as their agents produce and distribute pre-election publications and audiovisual election materials, violating provisions of Articles 88.2 and 88.4 of this Code, and if the advance notification about it is not taken into account;
113.2.11. if a registered candidate, political party, block of political parties, agent of the registered candidate, authorized representative or agent of a political party or block of political parties campaign within the territory where military unit is located, in military organizations or military offices;
113.2.12. if a registered candidate who is on government or municipal service does not stop implementation of functions of service while he/she participates in elections, and if the advance notification about it is not taken into account;
113.2.13. if a registered candidate, political party or block of political parties with registered candidates use illegal donations transferred to their funds, and if the advance notification about it is not taken into account;
113.3. The court can cancel registration of a candidate one day prior to the voting day, if only the circumstances considered by Articles 113.2.3., 113.2.4., 113.2.7., 113.2.9., 113.2.11. of this Code are revealed after the candidate is registered.
113.4. If registration of a candidate is canceled within a period less than 10 days prior to the Election Day, information on it shall be posted on notice boards of the election commissions.

Article 114. Cancellation of Decisions of Election Commissions on Voting Results and Election (Referendum) Returns
114.1. If violations mentioned in Article 88.4 of this Code, which do not provide opportunities for proper identification of the election results, made by a registered candidate, political party, block of political parties or referendum campaigning group are found out after preliminary voting results are published officially, the Central Election Commission can prior to official publication of the election outcomes appeal to the Court of Appeal about considering the election of a candidate or outcomes of referendum to be invalid.
114.2. If the court, defining existence of violations mentioned in Article 113.2.3. of this Code, considers that determination of voters’ intention is not possible due to those irregularities, then the court can cancel decision of the relevant election commission on election (referendum) results. In such circumstances the elected candidate is considered to have lost his/her authority.
114.3. The relevant court can cancel the decision of the election commission on voting results and election (referendum) results for a single-mandate or nationwide constituencies if:
• rules for compilation of voters list, for formation of election commissions, for voting, for count of votes or for determination of election (referendum) results are violated;
• other violations defined by this Code occur;
• it is impossible to determine voters’ intention due to these actions (lack of actions).
114.4. The relevant court or the Central Election Commission can cancel decisions of the Precinct or Constituency Election Commissions on voting results or election results in the circumstances considered by this Code.
114.5. If the facts about irregularities regarding assistance to elect not elected candidates are found out, they cannot be basis for cancellation of the decision on election results.

Article 115. Liability for Violation of Citizens’ Rights to Vote
115.1. The following persons can be subject to criminal, civil and administrative liabilities in conformity with the Criminal Code, Civil Code and the Code of Administrative Offences legislation of the Azerbaijan Republic:
115.1.1. who have obstructed the voters’ rights to elect and to be elected by use of force, deceit, intimidation;
115.1.2. who have abused their occupation or service position as privileges for being elected;
115.1.3. who have forced citizens to sign in support of a candidate, who have obstructed collection of signatures in support of a candidate, or who have participated in falsifying those signatures;
115.1.4. who have won over the voters to their side, i.e. who have committed actions prohibited by Article 88.56. of this Code;
115.1.5. who have not formalized information about registered candidates in time or who have done so inaccurately;
115.1.6. who have intentionally disseminated misinformation about candidates or who have impugned the honor and dignity of the candidate (this provision cannot serve as a ground for restricting the freedom of expression and thought, provided for in the Constitution of the Republic of Azerbaijan);
115.1.7 who have violated rights of commission members, observers, agents, authorized representatives of candidates, political parties, blocks of political parties, referendum campaigning groups, representatives of mass media, including those who have violated rights to obtain copies of election documents and information and other rights regarding verification of election documents;
115.1.8. who have violated rules for election campaigning, including those who have conducted election campaign a day prior to election day or on voting day;
115.1.9. who have produced and distributed commercial or other advertisements which violates the regulations stipulated by this Code, or those who have rendered charitable assistance;
115.1.10. who have violated rules for financing election campaign defined by this Code;
115.1.11. who have hidden remaining ballot papers or those who have produced additional issues of ballot papers which were not registered by the election commission and of voting cards;
115.1.12. who have obstructed the election commission’s work or those who have illegally interfered with performance of functions of commission members;
115.1.13. who have obstructed voting in the precincts;
115.1.14. who have violated the secrecy of voting;
115.1.15. who have forced voters to vote against voters’ choice;
115.1.16. who have falsified election documents, produced and presented fake documents (including ballot stuffing), miscounted votes or those who have not submitted or published election results intentionally;
115.1.17. who have violated citizens’ rights to become familiar with voters lists;
115.1.18. who have issued ballot papers to citizens with a purpose to created conditions for them to vote for others, who have issued ready-marked ballot papers or those who have created conditions to receive more than one ballot paper;
115.1.19. who have not submitted or published report on expenditure of funds allocated for preparation and conduct of elections or financial report of candidates, registered candidates, political parties, blocks of political parties and referendum campaigning groups;
115.1.20. employers who have not provided employees with leave with in respect tof participation in elections or who have not released employees to implement their state functions, in circumstances considered by this Code;
115.1.21. state officials who have not investigated information about violation of this Code provided by the election commissions.

Article 116. Application of Penalties by Election Commissions
The Precinct Election Commissions,and Constituency Election Commissions and the Central Election Commission shall have the right to prepare a protocol of administrative offences and apply penalties in accordance with the Code of Administrative Offences of the Republic of Azerbaijan for the violations made by a candidate, registered candidate, as well as their authorized representatives and agents and those of a political party, or block of political parties or of a campaign group on referendum, in the circumstances considered by this Code.


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