. : ELECTION CODE OF THE REPUBLIC OF AZERBAIJAN

 

CHAPTER Thirty One. Preparation to Presidential Elections

Article 189. Specific Requirements for the Conduct of the Election Campaign through Mass Media During Presidential Elections

Article 190. Special Election Accounts during Presidential Elections

Article 191. Election Funds of Candidates for Presidency

Article 192. Transparency in Usage of Election Funds During Presidential Elections

Article 193. Order of Return of Money Received by Candidates for Presidency, Registered Candidates for Presidency During Presidential Elections

Article 194. Obligation to Return the Used Amount of Budget Funds Received by Candidates for Presidency and Registered Candidates for the Presidency During Presidential Elections

Article 195. Payment by the Registered Candidates for the Presidency of Cost of Free Airtime and Free Space Allocated in Periodicals During Presidential Elections

Article 196. Money Remaining in Special Accounts of Election Funds of Candidates for Presidency and Registered Candidates for Presidency

Article 197. Return of Money Received by Citizens Nominated as a Candidate for Presidency at Their Own Expenses


Article 189. Specific Requirements for the Conduct of the Election Campaign through Mass Media During Presidential Elections
189.1 Participation of registered candidates for Presidency, political parties, blocks of political parties in pre-election campaign shall be regulated by Chapter Thirteen of this Code.
189.2 One third of total volume of free airtime allocated by TV and Radio companies shall be envisaged for the registered candidates for Presidency to conduct debates, round tables, other campaigning activities.
189.3 Airtime for conduct of joint campaign activities on channels of TV and Radio organizations mentioned in Article 77.2 of this Code shall be allocated for registered candidates for Presidency, calculated separately and implemented. Registered candidates for Presidency should use such airtime on the equal bases. In such circumstances, volume of free airtime used by each candidate for Presidency shall be determined separately.
189.4 The norm of usage of paid airtime allocated by the TV and radio companies specified in Article 77.1 of this Code shall be determined by dividing its total volume by the total number of candidates for Presidency.
189.5 The volume of space allocated on paid-basis in periodicals specified in Article 84.1 of this Code shall be determined through dividing it by the total number of the candidates. The latter can use this space after making relevant payments.
189.6 Refusal of registered candidates for Presidency to participate in activities mentioned in Article 189.2 of this Code shall not be the reason to increase free airtime allocated in conformity with Article 80.6 of this Code.

Article 190. Special Election Accounts during Presidential Elections
190.1 A candidate for Presidency or his/her authorized representative should open a special election account for formation of election fund after he/she submits notification or a relevant decision on his/her nomination as a candidate by political party or block of political parties to the Central Election Commission, but at least 5 days prior to the day of submission of notification for registration of candidates to the Central Election Commission.
190.2 A registered candidate for Presidency shall open a special election account on the basis of a document on his/her nomination received from the Central Election Commission, and documents mentioned in Articles 53 and 54 of this Code.
190.3 A candidate for Presidency can assign his/her authorized representative to open a special election account for him/her.
190.4 A candidate for Presidency, a registered candidate for Presidency can authorize another person to use his/her funds available in the special election account, informing the Central Election Commission about this in writing, and in this case this person shall bear responsibility for the legal violations.

Article 191. Election Funds of Candidates for Presidency
191.1 The maximum limit of the election fund of a candidate for Presidency cannot be more than a million times theconventional financial unit which is in force for the date the decision on determination of the election day is officially published.
191.2 Election funds of candidates for Presidency shall be formed only from the following monetary means:
191.2.1 special funds (these special funds for candidates for Presidency nominated by political parties or block of political parties shall be formed from the funds contributed by political parties or political parties which have created block of political parties) of candidates for Presidency, with a condition it cannot be more than 25 thousand times the conventional financial unit which is in force for the date the decision on determination of the election day is officially published;
191.2.2 a fund allocated by the Central Election Commission, except for circumstances considered by Article 197.6 of this Code;
191.2.3 voluntary donations of citizens and legal entities. For citizens the limit of voluntary donations for cannot be more than 1500 times the conventional financial unit which is in force for the date the decision on determination of the election day is officially published, for legal entities – more than 10 thousand times.

Article 192. Transparency in Usage of Election Funds During Presidential Elections
192.1 The following information should be necessarily published in the mass media provided for by Article 77.2 of this Code:
192.1.1 about the financial report on expenditure of funds if the election fund of a registered candidate for Presidency is more then 10 thousand times the conventional financial unit, which is in force for the date the decision on determination of the Election Day, is officially published, for the candidate for Presidency – 2500 times;
192.1.2 about the legal entities who contributed donations, the amount of which is more than five thousand times the conventional financial unit which is in force for the date the decision on determination of the election day is officially published for the registered candidate for Presidency, for the candidate for Presidency – 1250 times (in this case, the possibility of transfer of funds through several installments of donations should be taken into account);
192.1.3 about the number of citizens who contributed donations to the election fund which is more than 250 times the conventional financial unit in force for the date the decision on determination of the election day is officially published;
192.1.4 about the funds returned to the contributors and about the grounds for return;
192.1.5 about the total amount of money received by the election fund and the total amount of its expenditure.

Article 193. Order of Return of Money Received by Candidates for Presidency, Registered Candidates for Presidency During Presidential Elections
The order of return of the money received by candidates for the presidency, registered candidates for Presidency during the presidential elections shall be regulated by Articles 90.5-90.7 of this Code.

Article 194. Obligation to Return the Used Amount of Budget Funds Received by Candidates for Presidency and Registered Candidates for the Presidency During Presidential Elections
A registered candidate for Presidency who participated in elections and received at least 3% of valid votes of total number of voters or who are considered to be elected, as well as a registered candidate for Presidency who withdrew candidacy due to compelling reasons specified in article 73.3 of this Code shall be obliged to return the unexpended part of the election fund transferred by the Central Election Commission to this election commission within 30 days after the election day. When this period finishes a relevant bank should without any dispute transfer the money mentioned in the letter of the Central Election Commission, to the account of the latter.

Article 195. Payment by the Registered Candidates for the Presidency of Cost of Free Airtime and Free Space Allocated in Periodicals During Presidential Elections
195.1 A candidate for Presidency not considered by Article 194 of this Code should pay the full amount of the cost of free airtime and space to the TV and Radio companies and periodicals mentioned in Articles 77.2 and 77.3 of this Code. Within 3 days after the results of the Presidential Elections is officially published, the Central Election Commission shall send the following to the TV and Radio companies and offices of the periodicals mentioned in Articles 77.2 and 77.3 of this Code:
• names of candidates;
• their addresses;
• verified copies of notifications on payment for free airtime and space used in periodicals.
195.2 Within 10 days after the results of the Presidential Elections are officially published, the TV and Radio companies and periodicals mentioned in Articles 77.2 and 77.3 of this Code shall send the relevant information on the cost of used airtime and cost and volume of space in periodicals, their legal address and bank details to the candidates for Presidency considered by Article 194.1 of this Code.
195.3 Cost of free airtime and space in the periodical considered by Articles 80.5, 83.6 and 189.2 of this Code shall be determined in conformity with rules established by Articles 80.6 and 83.7 of this Code by multiplying the total volume of airtime and space in periodicals allocated for the candidates for Presidency, by cost of airtime determined by TV and Radio companies and the cost of space in the periodical.
195.4 If candidates for Presidency use free airtime for joint election campaign activities mentioned in Article 189.2 of this Code, the amount of money returned by each candidate shall be determined by TV and Radio companies proportionally for total number of participants of each joint election campaign activity.
195.5 If candidates for Presidency refuse to use the free airtime in the manner and within the period established by Articles 81.5 of this Code, the cost of free airtime presented shall not be paid.
195.6 TV and Radio companies and periodicals considered by Articles 77.2 and 77.3 of this Code shall inform the Central Election Commission about candidates for Presidency not considered by Article 194 of this Code who have not completely paid the cost of free airtime and space in periodicals, within 12 months effective from election day.

Article 196. Money Remaining in Special Accounts of Election Funds of Candidates for Presidency and Registered Candidates for Presidency
The relevant bank, on the basis of written instructions of the Central Election Commission, should transfer money remaining in special accounts of election funds of candidates for Presidency, registered candidates for Presidency, to its account 60 days after the Election Day.

Article 197. Return of Money Received by Citizens Nominated as a Candidate for Presidency at Their Own Expenses
197.1 If there is no money in the election fund or it is short of money, the return of budget money by a registered candidate, as well as the cost of free airtime and space in periodicals allocated, shall be implemented from the personal funds of citizens nominated as candidate for Presidency.
197.2 If a registered candidate for Presidency not considered by Article 194 of this Code, undertakes obligations to return relevant funds in addition to submitting the final financial report according to this Code, he/she can return the funds to be returned to the state budget to the account of the relevant Central Election Commission within a 12 month period effective from voting day.
197.3 If the obligations established by Article 197.2 of this Code are not performed and if the period mentioned by the obligations for returning money expires, funds shall be returned by court. If a registered candidate for Presidency not considered by Article 194 of this Code and who does not perform requirements mentioned in Article 197.2 of this Code nor undertakes obligations mentioned in the same Article before the final financial report is submitted, funds shall be returned by court before the period for submission of the final financial report expires.
197.4 If a candidate for Presidency or registered candidate for the Presidency loses his/her candidacy status, the obligations imposed on the candidates and registered candidates by Article 197 of this Code shall be imposed on the citizen who is considered to be a candidate or registered candidate.
197.5 A list of citizens not considered by Article 194 of this Code and who have debt obligation to the Central Election Commission shall be published.
197.6 If a citizen not considered in Article 194 of this Code and nominated as a candidate for Presidency, has debts regarding the budget to the Central Election Commission during the previous elections when the date of the decision on determination of the election day was officially published, this candidate shall not have the right to receive funds from the state budget during the Presidential Elections.


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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