. : ELECTION CODE OF THE REPUBLIC OF AZERBAIJAN

 

CHAPTER Thirty Seven. Preparation for Municipality Elections

Article 224. Special Requirements for Candidates of Political Parties, Blocks of Political Parties to Municipal Membership for Conducting Pre-election Campaign

Article 225. Election funds of Political Parties, Blocks of Political Parties and Candidates to Municipal Membership

Article 226. Special Accounts of Political Parties, Blocks of Political Parties and Candidates to Municipal Membership

Article 227. Cancellation of the Single Election Fund

Article 228. Transparency in Usage of Money from Election Funds of Political Parties, Block of Political Parties and Candidates to Municipal Membership

Article 229. Order of Return of Funds Received by Candidates to Municipal Membership, Political Parties, Blocks of Political Parties

Article 230. Obligations on Return of Budget Funds Received by Candidates to Municipal Membership, Political Parties, Blocks of Political Parties and Registered Candidates for Member of Municipality

Article 231. Payment of Cost of Free Airtime and Free Space in Periodicals by Candidates to Municipal Membership, Political Parties and Blocks of Political Parties

Article 232. Money Remaining in Special Accounts of Election Funds of Candidates to Municipal Membership, Political Parties, Blocks of Political Parties

Article 233. Return of Money by Candidates to Municipal Membership, Political Parties, Blocks of Political Parties, at their Own Expenses


Article 224. Special Requirements for Candidates of Political Parties, Blocks of Political Parties to Municipal Membership for Conducting Pre-election Campaign
224.1 Participation of candidates for membership of a municipality in the pre-election campaign shall be regulated by Chapter 13 of this Code.
224.2 1/3 of total free airtime allocated by TV and radio companies should correspondingly be provided to the political parties and block of political parties, which have registered candidates in more than 1/3 or in more than half of municipalities, to conduct discussions, round tables and other campaigning actions, taking into consideration provisions of Articles 77.2 and 77.3 of this Code.
224.3 Airtime for joint election campaign activities on the channels of TV and radio companies mentioned in Articles 77.2 and 77.3 of this Code shall be allocated and calculated for political parties and block of political parties, and performed separately. The political parties and block of political parties should use such free airtime on equal basis. In this case, the volume of free airtime for each candidate, political parties and block of political parties is defined separately.
224.4 The norm of paid use of the airtime allocated by TV and radio companies specified in the Article 71.1 of this Code shall be determined by dividing the total volume of free space by total number of candidates for membership of a municipality specified in Article 77.4 of this Code.
224.5 Candidates for membership of a municipality can use the space that is allocated in the periodicals mentioned in Article 71.1. of this Code and shall be determined by dividing the total number of candidates for membership of a municipality in compliance with Article 77.4. of this Code, on the basis of payment.
224.6 Refusal of the registered candidates, political parties and block of political parties, which have registered candidates in more than one third or half of municipalities from participation in actions mentioned in Article 224.2 of this Code shall not cause increase of free airtime allocated in accordance with Article 80.6.

Article 225. Election funds of Political Parties, Blocks of Political Parties and Candidates to Municipal Membership
225.1 Election funds of candidates for member of a municipality can be formed through the following monetary means:
225.1.1 The amount of special funds of candidates for membership of a municipality
• not more than 10000 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day – for candidates for membership of a municipality mentioned in Article 215.1.1
• not more than 7500 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.2.;
• not more than 5000 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.3.;
• not more than 2500 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.4.;
• not more than 1250 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.5.;
• not more than 750 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.6.;

225.1.2 election funds of political parties or blocks of political parties with nominated candidates for membership of a municipality amounting to:
• not more than 7500 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.1.;
• not more than 5000 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.2.;
• not more than 3750 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.3.;
• not more than 2500 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.4.;
• not more than 1250 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.5.;
• not more than 500 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.6.;

225.1.3 funds allocated by a Constituency Election Commission on equal basis to candidates for membership of a municipality at latest within 3 days after the registration of candidates is over, except for the cases defined by Article 233.8 of this Code;
225.1.4 voluntary donations from citizens not more than 500 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the Election Day.

225.1.5 voluntary donations of legal entities that are:
• not more than 10000 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.1.;
• not more than 7500 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.2.;
• not more than 3750 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.3.;
• not more than 2500 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.4.;
• not more than 1250 times theconventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.5.;
• not more than 750 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.6.;

225.2. Maximum limit of the funds of candidates for membership of a municipality cannot exceed:
• 50000 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.1;
• 37500 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.2.;
• 25000 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.3.;
• 12500 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.4.;
• 7500 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.5.;
• 5000 times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the election day - for candidates for membership of a municipality mentioned in Article 215.1.6.

225.3 Municipalities can allocate funds of equal amounts, to election funds of candidates nominated within their territory.
225.4 Political parties and blocks of political parties, which have nominated or registered candidates on more than one third of municipalities, can create a unified election fund.
225.5 Election funds of political parties and blocks of political parties can be organized from the following monetary means:
225.5.1 the special funds of political parties and block of political parties — the amount of the special funds cannot be more than 250 thousand times the conventional financial unit, which is in force on the day of official publication of the decision on determination of the elections (these special funds of the block of political parties can be formed from funds provided by the political parties that constitute the block);
225.5.2 funds allocated for political parties and block of political parties by the Central Election Commission, except the cases considered by this Code;
225.5.3 voluntary donations of citizens and legal entities. Limit of voluntary donations cannot be more than 750 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.
225.6 The maximum limit of the election fund assets of a political party or block of political parties shall be determined through multiplying the amount stipulated in Article 225.3 of this Code by the number of nominated or registered candidates. In any case, the maximum limit of the election fund assets of a political party or block of political parties cannot exceed 500,000 times the conventional financial unit, which is in force on the day of publication of the decision on determination of the elections. At the same time, the amount expended for each candidate should not exceed the amount provided for in Article 225.3 of this Code. Observance of this condition should be indicated in financial statements of political parties or blocks of political parties.

Article 226. Special Accounts of Political Parties, Blocks of Political Parties and Candidates to Municipal Membership
226.1 Candidates for membership of municipality should open special accounts for creating their election fund within 5 days after they submit to the Constituency Election Commission a notification on commencing of collection of signatures.
226.2 The political parties, which intend to open a single election fund for the candidates shall open a special election account to form the unified election fund, within 5 days after they submit to the Central Election Commission the list of the candidates nominated in more than 1/3 of municipalities.
226.3 A candidate, political party, block 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, 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 entitle another person to use the funds from its election account, through informing the Constituency Election Commission (the Central Election Commission) in writing.
226.4 If the municipality, where the candidate or registered candidate is nominated, changes, he/she should return the balance remaining in the special election account by distributing it proportionally among the persons and legal entities that contributed voluntary donations. After doing this, the candidate or the registered candidate should submit a final financial report to the Constituency Election Commission. Opening a new special election account shall be regulated in conformity with the rules defined by this Code.

Article 227. Cancellation of the Single Election Fund
If the number of candidates registered in municipalities, of a political party or block of political parties which created an unified election fund, covers half or less than half of the municipalities, 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 228. Transparency in Usage of Money from Election Funds of Political Parties, Block of Political Parties and Candidates to Municipal Membership
228.1 The following information on the election fund of the candidate to municipal membership should necessarily be published by the mass media means mentioned in Article 77.4 of this Code:
228.1.1 on the financial report about usage of election fund of a candidate for a membership of a municipality if its amount is more than thousand times the conventional financial unit which is in force on the date decision on determination of election day is officially published;
228.1.2 on the legal entities who contributed donation, which is more than 2500 times the conventional financial unit which is in force on the date the decision on determination of the election day is officially published, to the election fund of a candidate for membership of a municipality (in this case, possibility of transfer of funds through several installments of donations should be taken into account);
228.1.3 on the number of citizens who contributed donations, which are more than 250 times the conventional financial unit, which is in force on the date the decision on determination of the election day, is officially published, to the election fund of a candidate for membership of a municipality;
228.1.4 on the funds returned to the contributors and on the grounds for return;
228.1.5 the total amount of money received by the election fund of a candidate for membership of a municipality and the total amount expended;
228.2 The following information about the political party or block of political parties should necessarily be published in mass media in conformity with the rules mentioned in Article 77.2 or 77.3 of this Code:
228.2.1 on the financial statement of expenditure of funds, if the election funds exceed 10,000 times the conventional financial unit, which is in force on the day of publication of the decision on determination of the elections;
228.2.2 on the legal entities who contributed donations to the election funds which exceed 5,000 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, possibility of transfer of funds through several installments of donations should be taken into account);
228.2.3 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 determination of the elections;
228.2.4 on the funds returned to the contributors and the grounds for return;
228.2.5 on the total amount received by the election fund and the total amount of its expenditures.

Article 229. Order of Return of Funds Received by Candidates to Municipal Membership, Political Parties, Blocks of Political Parties
Order of return of funds received by candidates to municipal membership, political parties, blocks of political parties shall be regulated by Articles 90.5-90.7 of this Code.

Article 230. Obligations on Return of Budget Funds Received by Candidates to Municipal Membership, Political Parties, Blocks of Political Parties and Registered Candidates for Member of Municipality
A candidate for membership of a municipality who participated in voting and received at least 3% of valid votes of total number of voters or who is considered to be elected, as well as a registered candidate for membership of a municipality, political party or block of political parties which have registered candidates in more than half of municipalities who withdrew candidacy due to compelling circumstances shall be obliged to return unexpended part of funds transferred to their election funds by the Constituency Election Commission to this Constituency Election Commission within 15 days after the election day. After the funds are transferred, the funds of the municipalities shall be returned within 15 days, in the mentioned manner. After this period expires, the relevant bank should without any dispute transfer the amount mentioned in Central Election Commission’s letter or that of the relevant municipality to their account.

Article 231. Payment of Cost of Free Airtime and Free Space in Periodicals by Candidates to Municipal Membership, Political Parties and Blocks of Political Parties
231.1 The candidate, political party or block of political parties not mentioned in Article 230 of this Code, should completely pay the costs of free airtime and space allocated by TV and radio companies and periodicals mentioned in Articles 77.2, 77.3 and 77.4 of this Code. The given cost should be paid by the candidate, political party or blocks of political parties from election funds until the day a final financial report is submitted. The Central Election Commission shall send the following to the TV and Radio companies and offices of periodicals mentioned in Articles 77.2, 77.3 and 77.4 of this Code within 3 days after the general results of elections are officially published:
• the list of candidates, political parties or blocks of political parties, 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 blocks of political parties on payment of used free airtime and space allocated by periodicals.
231.2 TV and radio companies and periodicals mentioned in Articles 77.2, 77.3 and 77.4 of this Code shall inform the candidates, political parties, blocks of political parties as well as the political parties included to block of political parties not considered in Article 230 of this Code about the cost of used free airtime, volume and cost of used free space in periodicals, about their legal address and bank information within 10 days after final election results are officially published.
231.3 The cost of free airtime and free space in periodicals mentioned in Articles 80.5, 83.6 and 224.2 of this Code, shall be determined by multiplying the total volume of airtime and space in periodicals allocated for the candidate, political party or block of political parties in accordance with the rules defined in Articles 80.6 and 83.7 of this Code to cost of airtime and space on periodical and for publication of information determined by TV and radio companies and periodicals.
231.4 When political parties and block of political parties use free airtime to conduct joint campaign activities considered by Article 224.2 of this Code, the amount of funds returned by each political party and block of political parties shall be determined by TV and Radio companies by dividing it proportionally by the total number of participants of each joint TV program.
231.5 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.
231.6 TV and Radio companies and periodicals considered by Articles 77.2, 77.3 and 77.4 of this Code shall inform the Central Election Commission about the candidate or political parties considered by Article 230 of this Code, which did not completely pay cost of free airtime and space in a periodical, within 12 months period effective from the voting day. The Constituency Election Commissions shall inform the Central Election Commission about citizens or political parties not considered by Article 230 of this Code and those who have debt obligations to the election commission, within 12 months period effective from the Election Day.

Article 232. Money Remaining in Special Accounts of Election Funds of Candidates to Municipal Membership, Political Parties, Blocks of Political Parties
The relevant bank should transfer money remaining in the special account of election funds of candidates for membership of a municipality 30 days after voting day in accordance with the written instruction of the Constituency Election Commission to the budget of a relevant municipality.

Article 233. Return of Money by Candidates to Municipal Membership, Political Parties, Blocks of Political Parties, at their Own Expenses
233.1 if there is no money or a shortage of money in the election fund, the state budget and municipal money shall be returned by the registered candidate, political party, block of political parties, and the cost of allocated free airtime and space in periodicals be reimbursed by political parties and blocks of political parties at their own expenses.
233.2 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 established in the joint decision on creation of the block of political parties and submitted to the Central Election Commission.
233.3 If a registered candidate who is not considered by Article 230 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 of the state and municipal budget to be returned, correspondingly to the account of the Constituency Election Commission or municipal account, within 6 months effective from voting day.
233.4 Before the submission of the final financial report, the political parties, blocks of political parties, not considered by Article 230 of this Code and who do not fulfill requirements of Article 230 of this Code but undertake obligations before the Central Election Commissions, TV and Radio companies and periodicals to pay relevant amount of monetary funds to them, can be provided with a prolongation for the period of 6 months starting from the voting day to pay for the amounts of state and municipal budgets as well as cost for used free airtime and space in periodicals.
233.5 If the obligations considered by Articles 233.3 and 233.4 of this Code are not fulfilled and if the period mentioned in the obligations on returning the funds expires, that money shall be returned by the court. If a registered candidate, political party or block of political parties not considered by Article 230 of this Code and who has not fulfilled the requirements of Articles 233.3 and 233.4 of this Code does not undertake the obligations mentioned in Articles 233.3 and 233.4 of this Code unless the final financial report is submitted, money shall be returned in the court prior to expiration of the period for submission of final financial report.
233.6 If a candidate or registered candidate loses his/her status, the obligations charged the candidate or registered candidates by this Article shall be imposed on a person who was considered as a candidate or registered candidate. Should the candidate, registered candidate be nominated by a political party or block of political parties, the obligations charged by this Article 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.
233.7 The Central Election Commission shall provide the Constituency Election Commission with information about citizens who are considered by Article 230 of this Code and who have obligations to the election commissions or municipalities, within 5 days after Constituency Election Commissions are formed and after a decision on determination of elections, repeat or by- elections is officially published.
233.8 The citizen considered by Article 230 of this Code, who has debts to the election commission regarding the budget for the date of official publication of decision of determination of the voting day, shall not have the right to receive funds from the state or municipal budget during the elections, repeat and by-elections, 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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