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Article 24. The Rule
of Formation of the Central Election Commission
24.1. The Central Election Commission shall consist
of 18 members.
24.2. The members of the Central Election Commission
shall be elected by the Milli Majlis.
24.3 Six members of the Central Election Commission
shall represent the political party nominating
them, deputies of which constitute majority in
the Milli Majlis. Six members of the Central Election
Commission shall represent the non-partisan (independent)
deputies, which nominate them, and six members
shall represent the political parties nominating
them, deputies of which obtained minority in the
Milli Majlis. The independent deputies shall,
as a rule, be represented in the Central Election
Commission by independent lawyers, nominated by
them, which are not on state service. Nomination
of 2 candidates shall be agreed among the interested
parties: 1 of the nominees be agreed with representatives
of the political party constituting majority in
the Milli Majlis, and the other nominee be agreed
with representatives of the political party constituting
minority in the Milli Majlis.
24.4 Members of the Central Election Commission
should have higher education.
Article 25. Authorities of the
Central Election Commission
25.1. The Central Election Commission shall ensure
preparation and holding of presidential elections,
elections of deputies of the Milli Majlis of the
Republic of Azerbaijan, as well as referenda and
municipality elections.
25.2. The Central Election Commission shall carry
out the following general authorities:
25.2.1. supervise the observation of people’s
suffrage during preparation and holding of elections
(referendum), carries out the actions related
to financing of elections (referenda), ensures
the identical and correct application of the relevant
Articles of this Code.
25.2.2. consider within own authorities the complaints
related to violation of rules set forth in the
Code, and make grounded decisions.
25.2.3. form Constituency Election Commissions
in accordance with its composition principles.
25.2.4. manage the activity of constituency and
Precinct Election Commissions;
25.2.5. work out standards for technical equipment
necessary for the activity of election commissions,
approve the standards and supervise their observation;
25.2.6. ensure delivery of ballot papers (referendum
ballots) (hereinafter – the ballot papers), envelopes
for ballot papers, protocols, de-registration
cards and other election (referendum) related
documents (hereinafter – election documents) to
the Constituency Election Commission;
25.2.7. ensure preparation and holding of elections
(referenda), implementation of the programs related
to development of the election (referendum) system,
increase legal awareness of voters, conduct trainings
for education of members of election commissions
and provide the implementation of programs on
professional qualification of the latter;
25.2.8. within the territory of election constituency
create conditions for pre-election campaign of
candidates, registered candidates, political parties,
blocks of political parties and pre-referendum
campaign of referendum campaign groups; approve
the unified regulations for distribution of air
time between registered candidates, political
parties, blocks of political parties and referendum
campaign groups, specify the rules of publication
of voting and referendum results;
25.2.9. distribute funds allocated from the State
budget to preparation and holding of elections
(referenda), and supervise their usage for the
specified purpose;
25.2.10. render legal, methodical, technical and
organizational assistance to election commissions;
25.2.11. approve samples of election ballot papers,
envelopes for ballot papers, voters lists, de-registration
cards, voting protocols and other election documents,
and ensure their preparation and protection;
25.2.12. approve rules for storage of election
materials and keeping them in archives;
25.2.13. approve standards for technical supply
of election commissions and supervise their observation;
approve samples of seals of election commissions;
25.2.14. supervise funding of pre-election campaign;
25.2.15. provide voters with information about
terms, rules of voters’ action and course of holding
of elections (referendum);
25.2.16. supervise ensuring of provision of election
commissions with premises, transport and communication
means, and solve other logistic issues related
to elections (referendum);
25.2.17. compile an integrated voters list together
with relevant executive authorities and municipal
bodies;
25.2.18. get information from relevant executive
authorities and municipal bodies about issues
related to preparation and conduct of elections;
25.2.19. ensure use of the State Automated Information
System on a basis of identical rules;
25.2.20. register the observers and provide them
with badges of appropriate design;
25.2.21. define own work routine, as appropriate
to Articles 28.1 and 28.5 of this Code;
25.2.22. cancel illegal decisions of election
commissions, apply to the relevant commission
with regard to the chairmen and secretaries of
the election commissions, which do not appropriately
fulfill their responsibilities;
25.2.23. carry out other authorities in accordance
with this Code.
25.3. Within its authorities, the Central Election
Commission shall adopt and publish regulations
and methodical instructions regarding implementation
of this Code.
25.4. The Central Election Commission shall provide
all election commissions with regulations and
methodical instructions regarding implementation
of this Code. The lower commissions shall post
the mentioned regulations and methodical instructions
on notice boards that ensure their easy reading,
in the order specified by the Central Election
Commission.
Article 26. Directions
of Activity of the Central Election Commission
During conduct of referendum, elections to the
Milli Majlis, Presidential and Municipal elections,
the Central Election Commission shall function
in the following directions, in accordance with
Article 25 of this Code:
26.1. The Central Election Commission shall perform
the following duties during preparation and holding
of referendum:
26.1.1. supervise compliance of holding of referendum
in compliance with this Code;
26.1.2. register referendum campaign groups in
cases stipulated by this Code;
26.1.3. publish overall lists of registered referendum
campaign group;
26.1.4. ensure distribution air time among referendum
campaign group for pre-referendum campaign on
a basis of identical rules;
26.1.5. ensure supervision on spending of monetary
means entered to referendum funds by referendum
campaign group;
26.1.6. determine results of referendum and publishes
them in press;
26.1.7. perform other authorities in accordance
with this Code.
26.2. The Central Election Commission shall implement
the following duties during preparation and holding
of elections to the Milli Majlis of the Republic
of Azerbaijan:
26.2.1. supervise holding of election to the Milli
Majlis of the Republic of Azerbaijan in compliance
with this Code;
26.2.2. ensure observation of conditions of pre-election
activities, established by this Code, by all candidates,
registered candidates, political parties, blocks
of political parties, referendum campaign groups;
26.2.3. ensure carrying out of distribution of
air (broadcasting) time for pre-election campaign
between political parties, blocks of political
parties and registered candidates on the basis
of equal rules;
26.2.4. ensure supervision on spending of monetary
means entered to election funds of candidates
(political parties) ;
26.2.5. publish the list of candidates registered
in constituencies;
26.2.6. determine elected deputies among candidates
registered in the election constituencies and
issues them the relevant verification cards;
26.2.7. officially publish results of elections
to the Milli Majlis of Azerbaijan Republic, including
protocols of Precinct Election Commissions;
26.2.8. draw up list of the elected deputies,
submits these lists and necessary documents to
the Milli Majlis;
26.2.9. organize holding of repeat elections and
by-elections for seats of left deputies;
26.2.10. exercise other authorities in accordance
with this Code.
26.3. The Central Election Commission shall perform
the following authorities during preparation and
holding of elections of the President of the Republic
of Azerbaijan:
26.3.1. supervise holding of elections of the
President of the Republic of Azerbaijan in compliance
with this Code;
26.3.2. register candidates for Presidency, their
agents, authorized representatives;
26.3.3. issue verification in established form
to candidates for Presidency and their agents;
26.3.4. publish overall list of registered candidates;
26.3.5. ensure equal condition for pre-election
campaign to all candidates for Presidency;
26.3.6. ensure observation of pre-election activity
conditions, established by this Code, by all candidates,
registered candidates, political parties and blocks
of political parties;
26.3.7. ensure distribution of air (broadcasting)
time among registered candidates on a basis of
identical rules;
26.3.8. ensure supervision on spending of monetary
means entered to the funds of candidates for Presidency;
26.3.9. determine the results of Presidential
elections;
26.3.10. issue verification to the candidate elected
as the President;
26.3.11. officially publish results of Presidential
elections;
26.3.12. prepare holding of repeat voting on Presidential
elections
26.3.13. prepare holding of repeated Presidential
elections;
26.3.14. exercise other duties in accordance with
this Code;
26.4. The Central Election Commission shall perform
the following duties during preparation and holding
of municipality elections:
26.4.1. supervise of holding of municipality elections
in compliance with this Code;
26.4.2. publish the list of candidates registered
in constituencies;
26.4.3. make a decision on holding of repeat elections
and by-elections on the basis of information received
from the Constituency Election Commission;
26.4.4. officially publish results of elections;
26.4.5. perform other duties in accordance with
this Code.
Article 27. Ensuring
of Activity of Members of The Central Election
Commission
27.1. Chairman, Deputy Chairman, Secretary and
member of the Central Election Commission shall
receive salary from the state budget during the
period of his/her authority in the commission.
When retiring on a pension, the person who was
Chairman, Deputy Chairman, Secretary and member
of the Central Election Commission shall be paid
80% of the salary amount of Chairman, Deputy Chairman,
Secretary and member of the Central Election Commission.
27.2. A member of the Central Election Commission
of the Republic of Azerbaijan cannot be detained,
arrested or be subject to criminal liability or
administrative penalties as may be determined
in a court procedure without the consent of the
General Public Prosecutor. A member of the Central
Election Commission can be arrested only if he/she
is caught in the act of crime. In this case, the
body arresting the member of the Central Election
Commission shall immediately inform the General
Public Prosecutor of the Republic of Azerbaijan
about the matter.
27.3. Expenses of a member of the Central Election
Commission for use of inter-cities transport and
any public transport (except taxi and ordered
journeys) within the country during elections
(referendum) shall be paid from the funds allocated
by the Central Election Commission upon presenting
of the relevant documents on traveling.
Article 28. Organization
of Activity of the Central Election Commission
28.1. The Central Election Commission shall adopt
regulations with the purpose to determine the
order for conduct of its meetings.
28.2. Decisions of the Central Election Commission
shall be adopted by open vote as follows: if 12
members of the commission are present at the meeting
of the Central Election Commission – by a majority
of at least 8 of its members, if 13 members are
present - by a majority of at least 9 of its members,
if 14 or 15 members are present - by a majority
of at least 10 of its members, if 16 members are
present - by a majority of at least 11 of its
members, if 17 or 18 members are present – by
majority of at least 12 of its members.
28.3. The instructions or methodical guidelines
adopted concerning the rules on implementation
of this Code, should be legally examined prior
to being approved by a decision of the Central
Election Commission. The opinion on legal examination
together with the draft shall at least 3 days
prior to the voting, be presented to the Central
Election Commission members.
28.4. Decision of the Central Election Commission
should be officially published at the latest 24
hours and the decision shall enter into force
upon publishing.
28.5. The Central Election Commission forms its
Secretariat. Activities of the Secretariat shall
be regulated by the Regulations approved by the
Central Election Commission. The Central Election
Commission shall determine the structure and establish
the personnel of the Secretariat within the funds
allocated to the Central Election Commission from
the State budget. The Regulations of the Central
Election Commission, the structure of its Secretariat
and the personnel schedule should be published
after being approved.
28.6. The Central Election Commission of the Republic
of Azerbaijan shall have its own official media
outlet an web site.
28.7. The Central Election Commission of the Republic
of Azerbaijan shall have its own letterheads,
emblem, badges and a stamp.
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