. : ELECTION CODE OF THE REPUBLIC OF AZERBAIJAN

 

CHAPTER Twenty Five. Preparation to Elections to the Milli Majlis

Article 155. Special Requirements for Conduct of Pre-election Campaign in Mass Media During Elections to the Milli Majlis

Article 156. Election Funds of Candidates, Registered Candidates, Political Parties, Blocks of Political Parties During Elections to the Milli Majlis

Article 157. Special Election Accounts During Elections to the Milli Majlis

Article 158. Cancellation of the Unified Election Fund

Article 159. Transparency in Use of Election Funds During Elections to the Milli Majlis

Article 160. Order of Return of Funds Received by Candidates, Registered Candidates, Political Parties and Blocks of Political Parties During the Elections to the Milli Majlis

Article 161. Obligation of Return of Used(?) Amount of Budget Funds Received by Candidates, Registered Candidates, Political Parties and Blocks of Political Parties During the Elections to the Milli Majlis

Article 162. Payment by Registered Candidates, Political Parties, Blocks of Political Parties of Cost of Free Airtime and Free Space Allocated by in Periodicals Allocated to Registered Candidates, Political Parties, Blocks of Political Parties During Elections to the Milli Majlis

Article 163. Money Remaining in Special Accounts of Election Funds of Candidates, Registered Candidates, Political Parties, Blocks of Political Parties during Elections to the Milli Majlis

Article 164. Return of Money Received by Candidates, Registered Candidates, Political Parties and Blocks of Political Parties to Their Own Accounts During the Elections to the Milli Majlis


Article 155. Special Requirements for Conduct of Pre-election Campaign in Mass Media During Elections to the Milli Majlis
155.1. Participation of candidates, political parties, blocks of political parties in pre-election campaign is shall be regulated by Chapter 13 of this Code.
155.2. 1/3rd of total free airtime on TV and radio should be allocated for registered candidates, political parties and blocks of political parties, which have registered candidates in more than 60 single-mandate constituencies, to conduct discussions, round tables and other election campaigning actions.
155.3. Airtime envisaged for joint election campaign activities of the registered candidates, political parties and blocks of political parties on TV and radio companies mentioned specified in the Articles 77.2 and 77.3 of this Code shall be allocated and calculated, for a registered candidate, political party and block of political parties, and performed separately. The registered candidates, political parties and blocks of political parties should use such free airtime on equal basis. In this case, volume of free airtime for each candidate, political parties and block of political parties is determined separately.
155.4. The norm of paid use of airtime allocated by TV and radio companies mentioned specified in Article 8177.1. of this Code shall be is determined by dividing the total volume of the airtime by the total number of candidates, political parties and blocks of political parties, which have registered candidates in more than 60 single-mandate constituencies.
155.5. The volume of free space allocated by the periodicals mentioned specified in Article 8477.1. of this Code shall be is determined through dividing it by the total number of candidates, political parties and block of political parties, which have registered candidates in more than 60 single-mandate constituencies. In this case, the volume of free space shall be allocated separately for the candidates and separately for the political parties, blocks of political parties. They latter can use the space on the basis of relevant payment.
155.6. Refusal of registered candidates, political parties and blocks of political parties, which have registered candidates in more than 60 single-mandate constituencies from participation in actions mentioned in Article 155.2 of this Code shall not cause increase of free airtime allocated in accordance with Article 80.6.

Article 156. Election Funds of Candidates, Registered Candidates, Political Parties, Blocks of Political Parties During Elections to the Milli Majlis
156.1. The maximum limit of a candidate’s election fund assets should not exceed 75000 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the elections.
156.2. Election funds of candidates, and registered candidates nominated for a single-mandate constituency can be organized from the following monetary means:
156.2.1. the special funds of candidates and registered candidates — the amount of the special funds cannot be more than 10 thousand times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the elections;
156.2.2. funds of candidates, political parties, which have nominated a registered candidate, political parties, which are included in the block of political parties--the amount of the funds cannot be more than 25 thousand times the conventional financial unit which is in force on the day of official publication of the decision on determination of the elections;
156.2.3. equal funds allocated by a Constituency Election Commission for a registered candidate in the amount equal to those for and other candidates registered by an election commission for a single-mandate constituency, except for the cases defined by Article 164.8 of this Code.
156.2.4. voluntary donations from citizens amounting not more than 500 times the conventional financial unit and legal entities amounting not more than 10000 times theconventional financial unity which is in force on the day of official publication of the decision on determination of the elections;
156.3. Political parties and blocks of political parties, which have nominated or registered candidates in more than 60 single-mandate constituencies, can create a unified election fund.
156.4. Election funds of political parties and blocks of political parties can be formed only from the following monetary means:
156.4.1. special funds of political parties and blocks of political parties not exceeding 50 thousand times the conventional financial unit which is in force on the day of official publication of the decision on determination of the elections (such funds of blocks of political parties are formed from the funds of political parties which are included in that block);
156.4.2. funds allocated for political parties and block of political parties by the Central Election Commission, except the cases considered by Article 164.8 of this Code;
156.4.3. voluntary donations of citizens and legal entities. The limit of voluntary donations cannot be more than 150 times the conventional financial unit for citizens and 25000 times the conventional financial unit for legal entities, which is in force on the day of publication of the decision on determination of the elections.
156.5. The maximum limit of the election fund assets of a political party and block of political parties shall be determined by multiplying the amount stipulated in Article 156.1 of this Code by the number of nominated or registered candidates. At the same time, the amount expended for each candidate should not exceed the amount provided for in Article 156.1 of this Code. Observance of this condition should be indicated in financial statements of political parties and blocks of political parties.

Article 157. Special Election Accounts During Elections to the Milli Majlis
157.1 Candidates should open a special election account to form their election fund, within 5 days after they submit to the Constituency Election Commission a notification on being nominated in a single-mandate constituency
157.2. Political parties and blocks of political parties which intend to open a single election fund for the candidates shall open a special election account to form the single election fund, within 5 days after they submit to the Central Election Commission the list of the candidates nominated in more than 60 single-mandate constituencies.
157.3. A candidate, political party, blocks of political parties shall open a special election account on the basis of the verified copy of the notification of the Constituency Election Commission on nomination of a candidate on a single-mandate constituency, and upon attaching thereto the documents specified in Articles 53 and 54 of this Code. The candidate, political party, block of political parties can assign its authorized representative to open the special election fund. The candidate, registered candidate, political party, block of political parties can allow another person to use the funds from its election account, through informing the Central Election Commission in writing.
157.4. If the constituency of a candidate or registered candidate changes, he/she must can return the balance remained in the special election account by distributing it proportionally among the persons and legal entities who contributed voluntary donations. Shall this right be not used, the bank within 3 days transfers the funds to the account of the Central Election Commission, based on written instructions of the relevant election commission. After doing thisThen, the candidate or registered candidate must should submit a final financial report to the Central Election Commission and mustshould submit a copy of the financial report to the Constituency Election Commission. Opening a special election account in a new constituency shall be regulated in conformity with the rules defined by this Code.

Article 158. Cancellation of the Unified Election Fund
If the number of candidates registered in single-mandate constituencies of a political party, block of political parties which created an unified election fund is 60 or less than 60, the special election account of the political party, block of political parties shall be closed, and concurrently a special election account be opened for each candidate and assets of the unified election fund proportionally divided among the election funds of the candidates.

Article 159. Transparency in Use of Election Funds During Elections to the Milli Majlis

159.1 The following information about the candidate registered or nominated on a single-mandate constituency should be necessarily published in mass media in conformity with the rules mentioned in Article 77.3 of this Code:
159.1.1 on the financial statement of expenditure of funds, if the election funds exceed 10000 times the conventional financial unit, which is in force on the day of publication of the decision on the determination of the elections, for political parties and blocks of political parties and 2500 times - for a candidate and registered candidate;
159.1.2 on the legal entities who contributed donations to the election funds which exceed 5000 times theconventional financial unit, which is in force on the day of publication of the decision on determination of the elections, for political party and block of political parties and 1250 times – for a candidate or registered candidate (in this case, the possibility of transfer of funds through several installments of donations should be taken into account);
159.1.3 on the number of citizens who contributed donations more than 250 times the conventional financial unit, which is in force on the day of publication of the decision on the determination of the elections;
159.1.4 on the funds returned to the contributors and the grounds of return;
159.1.5 on the total amount received by election fund and total amount of its expenditure.
159.2 The following information about the unified election fund of the political party and block of political parties should obligatorily be published in mass media in conformity with the rules mentioned in Article 77.2 of this Code:
159.2.1 on the financial statement of expenditure of funds, if the election funds exceed 10000 times the conventional financial unit, which is in force on the day of publication of the decision on the determination of the elections;
159.2.2 on the legal entities who contributed donations to the election funds which exceed 5000 times the conventional financial unit, which is in force on the day of publication of the decision on determination of the elections (in this case, the possibility of transfer of funds through several installments of donations should be taken into account);
159.2.3 on the number of citizens who contributed donations more than 250 times the conventional financial unit which is in force on the day of publication of the decision on the determination of the elections;
159.2.4 on funds returned to the contributors and the grounds for return;
159.2.5 on the total amount received by the election fund and total amount of its expenditures.

Article 160. Order of Return of Funds Received by Candidates, Registered Candidates, Political Parties and Blocks of Political Parties During the Elections to the Milli Majlis
The rules for return of funds received by candidates, registered candidates, political parties and block of political parties during the elections to the Milli Majlis shall be identified by Articles 90.5-90.7 of this Code.

Article 161. Obligation of Return of Used(?) Amount of Budget Funds Received by Candidates, Registered Candidates, Political Parties and Blocks of Political Parties During the Elections to the Milli Majlis
A registered candidate who participated in the voting in a single-mandate constituency and collected at least 3% of the valid votes of the total number of voters in that constituency; or a registered candidate who is considered to be elected as well as registered candidate who withdrew his/her candidacy due to the compelling circumstances mentioned in Article 73.3 of this Code; a political party, block of political parties’ candidates which have been registered with more than 60 single-mandate constituencies shall be are obliged to return within 30 days after the voting day the unexpended part of the assets allocated by a relevant election commission to their election fund, to the same election commission. After this period ends, a the relevant bank shall, without any disputes, transfer the amount indicated the letter of the election commission to its bank account.

Article 162. Payment by Registered Candidates, Political Parties, Blocks of Political Parties of Cost of Free Airtime and Free Space Allocated by in Periodicals Allocated to Registered Candidates, Political Parties, Blocks of Political Parties During Elections to the Milli Majlis
162.1 A candidate, political party, block of political parties not considered by Article 161 of this Code mustshould pay the full cost of free airtime and free space to the TV and Radio companies and periodicals mentioned in Articles 77.2 and 77.3 of this Code. This amount mustshould be paid from the election fund by the candidate, political parties, blocks of political parties before the date the final financial report is submitted. The Central Election Commission shall transfer the following to the TV and Radio companies and periodicals mentioned in Articles 77.2 and 77.3 of this Code within 3 days after general results of elections are officially published:
• the list of candidates, political parties, blocks of political parties considered by paragraph 1 of this Article, as well as a list of political parties included in the block of political parties mentioned above;
• their addresses;
• verified copies of extracts from joint decisions of block of political parties on payment of used free airtime and space allocated by periodicals.
162.2 TV and Radio companies and periodicals mentioned in Articles 77.2 and 77.3 of this Code shall send relevant information on the cost of free airtime and free space, their legal addresses and bank account to the candidates, political parties, blocks of political parties and political parties included in the blocks of political parties not considered by Article 161 of this Code, within 10 days after the date the general results of elections are officially published.
162.3 The cost of free airtime and space considered by Articles 80.5, 83.6 and 155.2 of this Code shall be determined in a manner considered by Articles 80.6 and 83.7 of this Code by multiplying the total volume of free airtime and space provided to the candidates, political parties, blocks of political parties by TV and Radio companies and periodicals by the cost of airtime and space allocated for publishing information determined by TV and Radio companies and periodicals.
162.4 When political parties and blocks of political parties with candidates registered in more than 60 single-mandate constituencies use free airtime to conduct joint election campaign activities considered by Article 155.2 of this Code, the amount of funds returned by each political party and block of political parties shall be is determined by TV and Radio companies by dividing it proportionally by the total number of participants of joint campaign activity.
162.5 If a candidate, political party or block of political parties refuses to use free airtime in conformity with the rules and period defined by the Article 81.5 of this Code, the cost of presented free airtime shall not be paid.
162.6 TV and Radio companies and periodicals considered by Articles 77.2 and 77.3 of this Code shall inform the Central Election Commission within a 12 month period effective from voting day about the candidates, political parties considered by Article 161 of this Code which did not completely pay the cost of free airtime and space in a periodical. The Constituency Election Commission shall informs the Central Election Commission within a 12-month period effective from voting day about citizens, political parties not considered by Article 161 of this Code and those who have debt obligations to the election commission.

Article 163. Money Remaining in Special Accounts of Election Funds of Candidates, Registered Candidates, Political Parties, Blocks of Political Parties during Elections to the Milli Majlis
The relevant bank, according to written instructions of the relevant election commission, mustshould transfer money remained in special accounts of election funds of candidates, registered candidates, political parties and block of political parties to the state budgetaccount of the Central Election commission 60 days after the voting day.

Article 164. Return of Money Received by Candidates, Registered Candidates, Political Parties and Blocks of Political Parties to Their Own Accounts During the Elections to the Milli Majlis
164.1 If there is no money in the election fund or it is short of money a registered candidate, a political party or block of political parties shall return budget money, as well as cost of free airtime and space in periodicals allocated for political parties and blocks of political parties from their own funds.
164.2 If a block of political parties is responsible for returning budget money allocated for payment of free airtime presented and space allocated in a periodical, the money to be returned shall be proportionally distributed among the political parties included in that block before voting day, with a condition, unless otherwise is provided for in the joint decision on creation of the block of political parties and submitted to the Central Election Commission.
164.3 If a registered candidate who is not considered by Article 161 of this Code undertakes to submit a final financial report and to return the funds in conformity with this Code, he/she can return funds to the relevant Constituency Election Commission within 12 months effective from voting day.
164.4 If a political party, block of political parties which is not considered by Article 161 of this Code and which has not fulfilled the requirements of Article 162.1 of this Code, before it submits its final financial report, undertakes obligations to TV and Radio companies and periodicals to pay the relevant funds, it can be given time to pay budget money, for used free airtime and free space in periodicals within a 12 month period effective from voting day.
164.5 If obligations considered by Articles 164.3 and 164.4 of this Code are not fulfilled and if the period mentioned in obligations on returning the funds expires, that money shall be returned by the court. If a registered candidate who is not considered by Article 161 of this Code and who has not fulfilled the requirements of Articles 164.3 and 164.4 of this Code does not undertake obligations mentioned in Articles 164.3 and 164.4 of this Code before political parties or block of political parties shall submit their final financial report, the money shall be returned by the court before the period for submission of the final financial report expires.
164.6 If a candidate or registered candidate loses his/her status, the obligations charged to the candidate, registered candidates by this Article 164 of this Code shall be imposed on a person who was considered as candidate or registered candidate. Shall the candidate or registered candidate be nominated by a political party, blocks of political parties, the obligations charged by Article 164 of this Code to the political parties and block of political parties will be imposed on the political parties including those which entered the block of political parties, after elections finish.
164.7 The Central Election Commission shall provides the Constituency Election Commission with a list of citizens who have obligations to the election commissions within 5 days after Constituency Election Commissions are formed and after a decision on determination of main, repeat or by-elections is officially published.
164.8 A person, who has debts for budget funds to the election commission during the main, repeat and by-elections and on the date of official publication of decision on determination of the elections, shall does not have the right to get funds from the state budget, regardless of what constituency he/she has been nominated for.


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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