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.
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