Article 40. Transparency in the Activity of the Election Commissions
40.1 Activity of election commissions shall be transparent to voters.
40.2 Members of election commissions, candidates registered within the relevant constituency and their authorized representatives or agents, or agents of referendum campaigning groups, agents of political parties and blocks of political parties shall have the right:
• to observe the meetings of any the election commission and processes of vote counting, with purposes to become familiar with processing of ballot papers, voters lists, de-registration cards for voting, protocols on election outcomes and voting results in the Precinct and Constituency Election Commissions;
• to obtain copies of the decisions and other election (referendum) documents (hereinafter referred to as election documents) (except for voters lists, copies of de-registration cards for voting, election (referendum) ballot papers (hereafter referred to as ballot papers)and signature sheets) of the Constituency and Precinct Election Commissions;
• to observe implementation of other election activities in election commissions.
40.3 Persons mentioned in Article 40.2 of this Code shall not be required to get any additional permission of the election commission or be registered as observers for attendance in the meetings of the relevant election commissions or for becoming familiarized with the documents mentioned above. A relevant election commission ensures their free access for persons mentioned in Article 40.2 of this Code to the locations where election documents are being processed or votes are being counted.
40.4 Citizens of the Republic of Azerbaijan having the active suffrage, including the foreign citizens mentioned in Article 44 of this Code can act as observers.
40.5 The observer may can carry out the observation based on own initiative or initiative of a registered candidate, political party, block of political parties, referendum campaign group or a non-governmental organization that functions in the field of elections.
40.6 Application for observation within the whole territory the Republic of Azerbaijan can be presented to the Central Election Commission starting from the day of announcing the elections till the period of 10 days prior to elections. Surname, name, patronymic, place of residence, serial and batch number of ID Card of the observer, and if necessary the name of the candidate interests of which are he/sheto be representeds, or the name of the referendum campaign group, names and legal addresses of the non-governmental organization, political party (or block of political parties) shall be indicated. Two photos shall be attached to the application. The deadline for making decisions on each application shall should be made within not more than 3 days from the date the applicationit is submitted. Observation can be rejected only if the information provided in the application is not confirmed. If conduct of observation is not permitted by the Central Election Commission, complaint regarding this decision of the Central Election Commission can be filed with the Court of Appeal. In case the observation is allowed, the observer shall be provided with a badge prepared corresponding to rules established by the Central Election Commission.
40.7 Application for observation within territory of an election constituency can be presented to the relevant Constituency Election Commission starting from the day of announcing the elections till the period of 5 days prior to elections. Surname, name, patronymic, place of residence, serial and batch number of ID Card of the person intending to observer, and if necessary the name of the referendum campaign group, names and legal addresses of the non-governmental organization, political party (or block of political parties) shall be indicated. Two photos shall be attached to the application. The deadline for making decisions on each application shall be not more than 2 days from the date the application is submitted. Observation can be rejected only if the information provided in the application is not confirmed. If conduct of observation is not permitted by the Constituency Election Commission, complaint regarding this decision of the Constituency Election Commission can be filed with the Central Election Commission, in the manner specified by this Code. In case the observation is allowed, the Constituency Election Commission shall provide the observer with a badge prepared corresponding to rules established by the Central Election Commission.
40.8 Representatives of mass media shall have the right to participate at meetings of election commissions in regard with elections documents and vote counting process.
40.9 The relevant election commission shall inform the superior election commissions, each registered candidate and his/her authorized representative, agents of political parties and blocks of political parties which have registered candidates, agents of referendum campaigning groups and the observers entitled to be present at commission meetings about the time of processing the election documents and meetings of election commission, in accordance with the rules considered by Article 19.820.1 of this Code.
40.10 Representatives of the interested parties shall have the right to be present in the meetings, elections commission while it elections commission is are investigating relevant the officially submitted complaints.
40.11 The election commissions shall inform the public citizens about:
• biography of each candidate registered in accordance with this Code;
• results of registration;
• list of candidates; and issue of the other information received by the election commission about them;
• other information received by the election commission about them;
• results of voting regarding the referendum issue or candidates.
40.12 The persons mentioned in Article 40.2 of this Code, as well as observers, including international observers, representatives of the mass media can observe implementation of election actions, determination of voting results and election (referendum) returns, completion of protocols of voting results and election (referendum) outcomes (general outcomes), as well as count and recount of votes in all election commissions.
40.13 Only the observers who have obtained specific permission by being registered with the Central Election Commission in accordance with the rules defined by the Central Election Commission for getting the following rights, shall have the right to observe the meeting of the election commission up to the voting day. This right should be indicated on the badge provided by the Central Election Commission. Such observers shall be identified by the Central Election Commission by means of lottery, providing that each of the subjects provided for in Article 40.5 of this Code has one observer with such rights (separately for each election commission), and that the number of such observers for each commission does not prevail 10. No specific permission shall be required to observe a meeting of an election commission on the voting day.
40.14 Unimpeded access of all election commission members, persons mentioned in Article 40.2 of this Code and observers to voting rooms of any of the electoral precincts, including those established in military units, hospitals, sanatoriums, rest homes and oil-productionoil platforms located in the Caspian Sea, should be ensured.
40.15 All the authorized persons in the voting station, as well as the members of the Precinct Election Commission, the persons specified in Article 40.2 of this Code and mass media representatives should have a badge of specific form defined by the Central Election Commission, that shows surname, name, patronymic, position and picture of the person and allows to determine status of that person.
40.16 An observer must should have a badge with photo, indicating his/her surname, name, patronymic, address, election commission (commissions) he/she is assigned to, and approved by the registered candidate, political party, block of political parties, referendum campaign group, non-governmental organizations whose interests the observer represents. This badge shall beis valid only if it is supported by an identification card or other substitute document. Advance information about observer’s visit is not required.
40.17 A list of observers, who are in the voting station during the voting day, observing the election actions, shall be kept by the secretary of the Precinct Election Commission.

Article 41. Principles of Observation
41.1 Observation must should be based on the following principles:
41.1.1 the election process should not be influenced for interests of any candidate or political party;
41.1.2 all circumstances and facts regarding the activities to be observed must should be taken into consideration;
41.1.3. it must should be open;
41.1.4. results of the observation shall be based on facts;
41.2 The principles listed above should be indicated on the reverse side of the observer’s badge.
41.3 The observation shall begin from the day of declaration of elections (referendum) and end on the day of official publication of election (referendum) results (general results).

Article 42. Observers’ Rights and Duties
42.1 International and domestic observers shall have the same rights and undertake the same duties.
42.2 Observers, including international observers shall have the following rights, along with those indicated in Articles 40.12 and 40.13 of this Code:
42.2.1 to become familiar with voters lists;
42.2.2. to be present in the voting room of the relevant election precinct at any time;
42.2.3. to observe the issuance of ballot papers and envelopes for ballot papers to voters on the voting day;
42.2.4. to observe voting outside of voting stations;
42.2.5. to observe number of voters, count of ballot papers and cancelled ballot papers;
42.2.6. to require the observation results to be included into the protocol of the election commission;
42.2.7. to look through the envelopes for ballot papers, marked and unmarked ballot papers, in order to check the vote’s validity, during the vote count in a condition ensuring observation of vote count and from certain distance; to become familiar with the election commission’s protocols on voting results and election (referendum) returns (general returns) and with other documents;
42.2.8. to apply to the chairperson of the Precinct Election Commission regarding suggestions and comments about organization of voting, if he/she is not available, to a person who assumes the chairperson’s powers;
42.2.9. Starting from the commencement of election commission’s activity on the voting day and the ballot boxes are sealed and till the reception of protocols on voting results by election commissions, to make or obtain 1 verified copy free of charge and then photocopy and obtain other copies of documents of election commissions, as well as protocols on voting results and election (referendum) returns, documents and attached documents prepared by election commissions after the fee defined by the Central Election Commission is paid (the election commission mustshould verify copies of the above mentioned documents at the request of an observer); to become familiar with the list of participated voters.
42.2.10 to observe the recount of votes in the relevant election commissions.
42.2.11. to observe transfer of election documents to the Constituency Election Commission and the Central Election Commission.
42.3 The observer shall be is prohibited:
42.3.1. to issue ballot papers and envelopes for ballot papers to voters;
42.3.2. to ask voter on how he/she will or did vote;
42.3.3. to sign a receipt of a ballot paper on behalf of a voter who requests it;
42.3.4. to mark a ballot paper on behalf of a voter who requests it;
42.3.5. to participate directly in the counting of ballot papers together with the commission members with decisive voting right;
42.3.6. to obstruct the work of an election commission;
42.3.7. to conduct election campaign among the voters;
42.3.8. make actions or calls directed to supporting any candidate or political party or issue put on for referendum, or make actions or calls that can be understood as support of candidate or political party;
42.3.9 to intervene in making decisions by the relevant election commissions;
42.3.10 to respond to questions of voters (except for questions concerning his/her status).
42.4 registration of the observer who does not comply with the requirements specified in Article 42.3 of this Code can be cancelled by a relevant court upon application of the election commission that has registered him/her.
42.5 In case the observers submit their opinion on observation results to the Chairperson of the Central, Constituency or Precinct Election Commission, the opinion shall be enclosed to the protocol on either voting results or election outcomes.

Article 43. Representatives of the Mass Media
43.1 Representatives of the mass media can cover meetings and become familiar with protocols on voting results and election (referendum) outcomes and with decisions of all elections commissions; as well as make or obtain free of charge one copy of the relevant election commission’s decisions, protocol and documents attached to them, and can purchase the additional copies after the fee defined by the Central Election Commission is paid.:
43.1
43.2 cover meetings and become familiar with protocols on voting results and election (referendum) outcomes and with decisions of all elections commissions;
43.3 make or obtain free of charge of one copy of relevant election commission’s decisions, protocol and documents attached to them, and can purchase the additional copies after the fee defined by the Central Election Commission has been paid.
43.2 Upon request of the representatives of mass media, the copies of decisions of an election commission must verify copies of decisions, protocols on voting results and election outcomes at the request of the representatives of the mass media should be verified by the election commission.

Article 44. International (Foreign) Observers
44.1 International (foreign) observers (hereinafter - international observers) shall be registered with the Central Election Commission, when coming to the Republic of Azerbaijan in accordance with the rules defined by legislation and on the basis of a relevant invitation. Citizens of the Republic of Azerbaijan cannot obtain the status of an international observer.
44.2 The Milli Majlis, relevant executive authority bodies and the Central Election Commission can invite them after a decision on determination of elections has been officially published.
44.3 The non-government organizations, which have reputation in the field of protection of human and citizens’ rights and freedom can also submit proposals on inviting international observers can be submitted to deputies of the Milli Majlis, Central Election Commission or relevant executive authority their proposals on inviting the international observers.by non-government organizations, which have reputation in the field of protection of citizens’ rights and freedom.
44.4 The international observer shall submit the documents specified in Article 40.15 7 of this Code, for obtaining registration. The Central Election Commission shall issues the international observer with a specific verification card – badge, designed in the state language or one of foreign languages to the international observer basedin accordance with on the documents submitted by him/her. Only this card allows the international observer to function in accordance with Articles 40-42 of this Code during preparation and conduct of elections.
44.5 The term of authority of the international observer shall commences from the time he/she is registered by the Central Election Commission, and finishes on the day the results (general results) of the elections (referendum) are officially published.
44.6 The international observer shall functions independently and freely, his/her activity is being financed by the organization assigned him/her, or from his/her personal funds.
44.7 The international observer is shall be under the protection of the State while he/she is within the territory of the Republic of Azerbaijan. Election commissions, state government bodies and municipalities are shall be obliged to render necessary assistance to him/her.
44.8 The international observers can conduct press conferences on dedicated to the election legislation, preparation and conduct of elections in accordance with the election legislation, and make statements to the mass media after the Election Day.
44.9 The international observers shall have the right to meet with voters, candidates, registered candidates, members of election commissions. authorized representatives of political parties, blocks of political parties, referendum campaigning groups, agents of registered candidates, political parties, blocks of political parties, referendum campaign groups.
44.10 The international observers cannot use their status for activities not related to election campaign, preparation and conduct of elections.
44.11 The Central Election Commission can cancel the registration of the international observer if he/she violates laws and international legal norms.