Article 12. Belonging of
the Active Suffrage
12.1 Except for the cases stipulated by Article
56 of the Constitution of the Republic of Azerbaijan
and by Article 14 of this Code, every citizen of
the Republic of Azerbaijan, who has attained the
age of 18 years by the day of Parliamentary, Presidential
and Municipal elections and referendum (including
the same day) shall have the right to elect, to
vote in referendum, to observe elections (referendum
process), to participate in pre-election (pre-referendum)
campaign, to participate in carrying out of actions
related to the election actions and preparation
of referendum provided for in this Code, that is
the active suffrage.
12.2 Stateless persons meeting the requirement indicated
in Article 12.1 of this Code and permanently residing
in the Republic of Azerbaijan for not less than
5 years, shall have the right to vote during Presidential,
Parliamentary and Municipal elections or referenda.
12.3 Citizens of foreign countries meeting the requirement
indicated in Article 12.1 of this Code and residing
within a relevant municipal territory for not less
than 5 years, shall have the right to vote at municipal
elections (provided that, in their native countries
the same rights for foreigners during the municipal
elections are recognized).
12.4 According to Article 56.2 of the Constitution
of the Republic of Azerbaijan, the persons recognized
by a court decision as incapacitated ones, shall
be deprived of right to participate in elections
as well as in referendum, that is the active suffrage.
Article 13. Belonging of the Passive
Suffrage
13.1 Except for the cases stipulated by Article
56 of the Constitution of Azerbaijan Republic and
by this Code, every citizen, having active suffrage,
shall have the right to be an initiator of a referendum
campaign group, and to be elected as a deputy to
Milli Majlis, President or a member of municipality,
which is the passive suffrage, if he/she meets requirements
of the Constitution of the Republic of Azerbaijan
concerning candidates for Presidency and candidates
to Milli Majlis and municipality.
13.2 Cases of limitation related to the passive
suffrage shall be established by Articles 56, 85,
100 of the Constitution of the Republic of Azerbaijan
and by this Code.
13.3 Pursuant to Articles 56.3, 85 and 100 of the
Constitution of the Republic of Azerbaijan the following
persons shall not have a right to be elected as
a deputy of the Milli Majlis, President, member
of a municipality, i.e. they shall not have the
passive suffrage:
13.3.1 people sentenced to servicing their sentence
in institutions of confinement, by court decision,
which has entered into force;
13.3.2 persons sentenced for the crimes indicated
in Articles 15.4 – 15.5 of the Criminal Code of
the Republic of Azerbaijan;
13.3.3 citizens of the Republic of Azerbaijan with
dual citizenship (until their dual citizenship expires);
13.3.4 citizens of the Republic of Azerbaijan who
have liabilities before foreign countries (until
such liabilities are terminated).
Article 14. Incompatibility
of Responsibilities
14.1. Cases of incompatibility of responsibilities
shall be established by Articles 56, 85, 100 of
the Constitution of the Republic of Azerbaijan and
by this Code.
14.2. Pursuant to Article 56.3 of the Constitution
of the Republic of Azerbaijan the following persons
shall not have a right to be elected as a deputy
of the Milli Majlis, President and a municipality
member , due to positions they occupy:
14.2.1 military servants (while they are on military
service);
14.2.2 judges (while the are in office);
14.2.3 State servants (while they are in State service);
14.2.4 Clergymen (while they are engaged in professional
religious activity);
Article 15. Prohibition
to Participate in Elections (Referenda) for Foreigners,
Stateless Persons and Foreign Legal Entities
15.1. Taking into consideration the exceptions
provided for in Article 12.2 of the Code, the
stateless citizens shall not possess active or
passive suffrage in the Republic of Azerbaijan.
15.2. Taking into consideration the exceptions
provided for in Article 12.3 of the Code, foreign
citizens shall not possess active or passive suffrage
in the Republic of Azerbaijan.
15.3. Foreigners, stateless persons and foreign
legal entities, their branches and representative
offices (hereinafter – the foreign legal entities)
can participate in nomination and registration
of candidates, and in election campaigns of registered
candidates during elections. This fact shall not
restrict the rights of foreigners and stateless
persons to freedom of opinion and free assembly.
15.4. Foreigners, stateless persons and foreign
legal entities, their branches and representative
offices during referendum shall not have the right
to conduct a campaign for or against issues to
be discussed by referendum, to be a member of
referendum campaign groups, as well as their initiators
or to take part in their activity in any form.
This shall not restrict the rights of foreigners
and stateless persons to freedom of opinion and
free gathering.
15.5. The foreigners, stateless persons and foreign
legal entities, which fail to follow the requirements,
shall be subject to liability in accordance with
Law.
Article 16. Cases of Non-Participation
of Citizens in Voting
16.1 The citizens, who are in airports or traveling
by planes, or are in trains or railway stations,
or in expeditions in the voting day, shall not
participate in voting.
16.2 If no Precinct Election Commissions are established
in the ships, which navigate on the voting day
in accordance with Article 35.4 of this Code,
the citizens being on these ships do not participate
in voting.
16.3 If no Precinct Election Commissions are established
according to Article 35.4 of this Code on the
voting day on oil and gas production platforms
(hereinafter the oil platforms) located in the
Azerbaijani sector of the Caspian Sea, the citizens
being on such platforms shall not participate
in voting.
16.4 If neither Azerbaijani Diplomatic Representation
nor Consulate is in the foreign country, or no
Precinct Election Commission is established according
to Article 35.6 of this Code in the Azerbaijani
Diplomatic Representation or Consulate, the citizens
of the Republic of Azerbaijan being in this foreign
country shall not participate in voting.
16.5 No voting shall be held on the Election Day
for the citizens of the Republic of Azerbaijan
being in foreign countries, during elections of
deputies to Milli Majlis or municipal elections.
16.6 No voting shall be held on the Election Day
in the ships navigating on the election day, hospitals,
sanatoriums, rest homes, oil platforms located
in the Azerbaijani sector of the Caspian Sea,
during elections of deputies to Milli Majlis or
municipal elections.
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