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Article 29. Formation
of Election (Referendum) Constituencies
29.1. For holding of elections the Central Election
Commission shall forms 125 election (referendum)
constituencies (hereinafter – election constituencies)
every 5 years based on the information about the
number of voters actually permanently residing
and registered in the relevant territorial units
provided by the municipalities and relevant executive
bodies to the Central Election Commission. Election
constituencies shall as a rule are be formed on
the basis of average representation norm. The
average representation norm is specified by division
of total number of registered voters by 125. Election
constituencies shall be considered the function
as single-mandate constituencies during the elections
of deputies of the Milli Majlis, and as the election
territories – during the Presidential elections,
referendum and elections of municipal members.
29.2. Voters residing outside the Republic of
Azerbaijan shall be included on the voters lists
in election constituencies. Information about
the number of voters permanently residing outside
the Republic of Azerbaijan, or being on long-term
business trips and registered in the relevant
diplomatic representations and consulates of Azerbaijan
Republic shall be submitted to the Central Election
Commission by a relevant executive power body.
Based on the same information, the Central Election
Commission shall approve a list of the relevant
election constituencies for inclusion of the voters
on the voters lists during referendum and Presidential
elections. Number of voters in election constituencies
where the voters residing outside Azerbaijan Republic
are included on the lists should be less than
the average norm of voters.
29.3. Election constituencies shall be formed
upon observation of the following requirements:
29.3.1. As a rule, number of voters registered
on the territory of administrative-territorial
units of the Republic of Azerbaijan should be
approximately the same under the condition that
their number should not be 5 % more than the average
representation norm and 10% more (less) than the
average representation norm in distant places
and places having impassable roads;
29.3.2. Formation of election constituencies in
the territories not having boundaries between
each other shall be prohibited.
29.3.3. Determining (changing) the boundaries
of election constituencies purposefully for any
of the voters group to be in majority shall not
be allowed.
29.4. Upon observation of requirements on formation
of election constituencies indicated in Articles
29.2 and 29.3 of this Code, necessity of non-intersection
of the boundaries of municipality should be taken
into consideration.
29.5. The Central Election Commission should approve
the scheme of formation of election constituencies
and their graphic images on the basis of information
about voters, every 5-years within 30 days after
the integrated voters list is compiled. During
this period the scheme of formation of election
constituencies and their graphic images can be
re-approved taking into consideration the requirements
provided in Articles 29.3 and 46 of this Code.
29.6. The scheme of formation of election constituencies
and their graphic images, as well as proposals
on boundaries of election constituencies shall
be prepared by a commission on determining the
boundaries of election constituencies created
under the Central Election Commission and consisting
of specialists. The work of such commission shall
be supervised by the Deputy Chairman of the Central
Election Commission Republic, and he/she be considered
the chairperson of the commission, due to his/her
duties. Meetings of the Commission on Determining
the Boundaries of Election Constituencies shall
be held not later than two months after annual
update of the Integrated Voters List. The main
object of the mentioned commission shall be to
ensure compliance of the election commissions
with Articles 29.3 and 29.7 of this Code. Only
1/3 of members of such commissions can be on state
service. If election constituencies are formed
immediately before holding of election (referendum),
the scheme of formation of election constituencies
and their graphic images should be approved at
least 115 days before election (referendum) day
and be published at least 110 days before election
(referendum) day.
29.7. The following should be indicated in the
scheme of formation of election constituencies:
29.7.1. name and number of each election constituency;
29.7.2. list of municipalities of administrative-territorial
units, or towns, district, districts in towns
located in every election constituency (if election
constituency includes a part of an administrative-territorial
unit, municipality, and settlement, the boundaries
of the part of the administrative-territorial
unit, municipality, and settlement should be outlined
in the scheme. If one election constituencies
is formed in one administrative-territorial unit,
list of municipalities located in the election
constituency shall not be included in the scheme
of formation of election constituency);
29.7.3. center of each election constituency;
29.7.4. number of voters registered in each election
constituency, number of voters registered in each
municipality included in election constituency,
in case of formation of more than one election
constituency in administrative-territorial unit;
29.7.5. number of voters included on the lists
in the relevant election constituencies in accordance
with Article 29.2 of this Code, with indication
of foreign countries where the voters residing
outside the Republic of Azerbaijan live.
29.8. At the formation of election constituencies
and specification of scheme of their formation,
the State Automated Information System can be
used.
29.9. A unified election constituency for election
of the President of the Republic of Azerbaijan
and conduct of a referendum shall cover the whole
territory of the Republic of Azerbaijan;
29.10. According to Article 46 of this Code, voters
included on the voters list in a constituency
shall are also be considered as voters included
on the voters list in the unified election constituency.
Article 30. Organization
of Constituency Election Commissions
30.1. If election constituencies are organized
immediately before elections (referendum) they
should be organized at least than 90 days before
voting day.
30.2. Constituency Election Commission shall consist
of 9 members. Members of the Constituency Election
Commission are appointed by the Central Election
Commission.
30.3. Candidacy of three members to Constituency
Election Commission shall be presented by the
members of the Central Election Commission who
represent the political party, deputies of which
constitute majority in the Milli Majlis. Candidacy
of other three members to Constituency Election
Commission shall be presented by the members of
the Central Election Commission who represent
the political parties, deputies of which constitute
minority in the Milli Majlis, and candidacies
of other three more members be presented by the
members of the Central Election Commission who
represent the neutral non-partisan deputies of
the Milli Majlis. Candidates to the Constituency
Election Commission can be presented by local
branches of the relevant political parties to
the members of the Central Election Commission
representing political parties. 2 of the candidates
to the Constituency Election Commission nominated
by the members of the Central Election Commission
who represent the non-partisan deputies in the
same Commission, can be agreed with the interested
parties: one 1 candidate with the members of the
Central Election Commission who represent the
political party, deputies of which constitute
majority in the Milli Majlis, and the other one
with the members of the Central Election Commission
who represent the political parties, deputies
of which constitute minority in the Milli Majlis.
30.4. In case a candidate to the membership of
a Constituency Election Commission is not nominated
within 95 days before the voting day, the candidate
shall be presented by the members of the Central
Election Commission that represent the court administration.
30.5.Members of election constituency shall receives
an appropriate verification card from the Central
Election Commission.
Article 31. Duties of
Constituency Election Commissions
31.1. The Constituency Election Commission shall
performs the following general duties:
31.1.1. supervises observation of suffrage of
citizens of the Republic of Azerbaijan on the
territory of election constituency;
31.1.2. considers within own authorities the complaints
related to violation of rules set forth in the
Code, and makes grounded decisions regarding these
complaints;
31.1.3. creates conditions for all candidates,
registered candidates, political parties, blocks
of political parties on the territory of election
constituency for their pre-election activity and
for pre-referendum activities of referendum campaign
groups;
31.1.4. names the Precinct Election Commissions
on the territory of election constituency and
ensures numbering of precinct commissions on the
base of unified rule;
31.1.5. ensures delivery of ballots, envelopes
for ballot papers, protocols, de-registration
cards and other election documents to Precinct
Election Commissions;
31.1.6. distributes funds allocated for preparation
and holding of elections (referenda) among Precinct
Election Commissions, supervises use of the funds
for the specified purpose;
31.1.7. receives information from the relevant
executive authority bodies and municipalities
related to preparation and holding of elections
(referenda);
31.1.8. informs voters about rule and term of
performance of election actions in the course
of elections (referenda), publishes information
about the registered candidates, and publishes
the information about preliminary election (voting)
results;
31.1.9. supervises provision of Precinct Election
Commissions with premises, transport and communication
means, fulfillment of relevant decisions made
in relation with material and technical supply
of elections;
31.1.10. renders organizational and technical
assistance to Precinct Election Commissions on
the territory of election constituency on holding
of voting in election precincts;
31.1.11. co-ordinates activity of Precinct Election
Commissions;
31.1.12. ensures storage of election (referendum)
documents in accordance with rules approved by
the Central Election Commission;
31.1.13. ensures submission of documents related
to preparation and holding of elections (referenda)
to the Central Election Commission, including
protocols on outcomes of voting (elections);
31.1.14. ensures use of the State Automated Information
System on the territory of election constituency
on the basis of a unified rule;
31.1.15. provides instructions to the members
of precincts election commissions.
31.1.16. cancels illegal decisions of Precinct
Election Commissions.
Article 32. Activity
Directions of Election Commissions
During conduct of referendum, elections of deputies
to the Milli Majlis, Presidential or municipal
elections, the Constituency Election Commission
shall function in the following directions, in
accordance with Article 31 of this Code:
32.1. Constituency Election Commissions shall
perform the following duties during preparation
and holding of referendum:
32.1.1. registers referendum campaign groups in
cases stipulated by this Code;
32.1.2. determines results of vote counting in
referendum constituency;
32.1.3. ensures control on spending of election
funds of referendum campaign groups in referendum
constituencies;
32.1.4. determines voting results in referendum
constituencies, and gives information about voting
results to the Central Election Commission;
32.1.4. performs other authorities in accordance
with this Code.
32.2. Constituency Election Commissions shall
performs the following authorities during preparation
and holding of elections of deputies of the Milli
Majlis:
32.2.1. ensures reception of information about
candidates nominated on corresponding single-mandate
election constituency, publishes information about
registered candidates;
32.2.2. registers candidates on single-mandate
constituency, their authorized representatives
and agents, cancels their registration and issues
them verifications in established the form established
by the Central Election Commission;
32.2.3. ensures control on spending of election
funds of candidates, registered candidates, political
parties, blocks of political parties on the territory
of election constituencies;
32.2.4. ensures observation of pre-election activity
conditions, specified by this Code, for candidates,
registered candidates, political parties, blocks
of political parties on the territory of election
constituencies;
32.2.5. determines outcomes of elections on single-mandate
constituency, provides information to the Central
Election Commission about voting results in single-mandate
constituency;
32.2.6. holds repeat and by-elections;
32.2.7. performs other duties in accordance with
this Code.
32.3. The Constituency Election Commissions finalizes
shall undertake the following authorities with
regard to preparation and conduct of the Presidential
Elections:
32.3.1. provides equal conditions for pre-election
campaign activities of the candidates for Presidency,
within the election constituency;
32.3.2. ensures that all the conditions for pre-election
activities established by this Code are observed
by the candidates, and the registered candidates
follow rules of this Code and conditions of pre-election
activities established by other laws within the
election constituency;
32.3.3. determines results of Presidential elections
within the election constituency, informs the
mass media about it and submits protocols on voting
results to the Central Election Commission;
32.3.4. performs other duties in accordance with
this Code.
32.4. The Constituency Election Commission shall
implements the following duties during preparation
and conduct of elections to municipalities:
32.4.1. registers candidates for a member of municipality
within the territory;
32.4.1. ensures obtaining of information about
candidates nominated for municipality on an election
territory, publishes information about registered
candidates;
32.4.2. registers candidates for member of a municipality,
their authorized representatives, their agents,
and issues them established sample verification
cards in the form established by the Central Election
Commission;
32.4.3. controls that pre-election activities
of candidates for member of a municipality within
the constituency can be conducted equally;
32.4.4. determines the voting results based on
information received by Precinct Election Commissions
within the constituency, informs voters and the
mass media about these;
32.4.5. organizes repeat elections and by-elections;
32.4.6. performs other duties in accordance with
this Code.
Article 33. Guarantees
for Functions of a Member of a Constituency Election
Commission
33.1 A MemberThe Chairman and Secretaries of a
Constituency Election Commission will shall be
provided with salary from the State budget, during
his/her term of office. The members of the Constituency
Election Commission shall receive compensation
from the State budget, within the period from
the day of publication of the authorized state
body’s decision on determination of elections
(referendum) to the day of publication of the
election (referendum) results, as well as during
annual drafting of voters’ lists. The salary the
member elected to the Constituency Election Commission
receives from the place of employment, serving
at the structures, enterprises, organizations
or institutions funded from either the state or
local budget, shall be preserved.
33.2 During elections (referendum) the member
of the Constituency Election Commission cannot
be detained or be subject to criminal liability
or administrative measures as determined by the
court, without consent of a relevant district
prosecutor (“district prosecutor” here shall be
understood as the public prosecutor of the district
covering the major part of territory of the election
constituency). A member of a Constituency 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 Constituency Election Commission
shall immediately inform the Central Election
Commission and the relevant district prosecutor
about the matter.
33.3 Expenses of a member of a Constituency Election
Commission for use of inter-cities transport and
any public transport (except taxi and ordered
tripjourneys) within the country during elections
(referendum) shall be paid from the funds allocated
by the Constituency Election Commission, upon
presenting the documents on traveling.
Article 34. Organization
of the Functions of the Constituency Election
Commission
34.1 The Constituency Election Commission shall
build its activity on regulations for the Constituency
Election Commission, verified by the Central Election
Commission.
34.2 The Secretariat of the Constituency Election
Commission shall build its activity on the Charter
verified by the Central Election Commission.
34.3 Decisions of the Constituency Election Commission
are adopted during the meeting of the Constituency
Election Commission as follows:
• by majority of votes of at least 6 members if
attended by 9 or 8 members;
• by majority of votes of at least 5 members if
attended by 8 or 7 members;
• by majority of votes of at least 4 members if
attended by 6 members.
34.4 Decisions of the Constituency Election Commission
must should be published within a 24 hours period
and enter into force upon publishing.
34.5. The number of permanently functioning officials
of the Constituency Election Commission Secretariat,
the names of their duties and salaries shall be
defined by Central Election Commission of the
Republic of Azerbaijan.
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