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
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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.
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