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EXECUTIVE ORDER OF
PRESIDENT OF REPUBLIC OF AZERBAIJAN ON IMPROVEMENT OF
ELECTION PRACTICE IN REPUBLIC OF AZERBAIJAN
Democratic elections are
ground to progressive development of stable civil society
and every state. Constitution of Republic of Azerbaijan
adopted in 1995 determined major priorities in this
field. Governed by them legal base was created for elections
that are held in free and regular manner in way of secret
and personal vote in base of general, equal and direct
right of voting. Beginning from 1997, according to political
will of Azerbaijani leadership, Azerbaijani Government
closely cooperates with OSCE Democratic Institutions
and Human Rights Bureau in order to establish election
legislation meeting modern standards. After being member
of Council of Europe, frame of this cooperation of Azerbaijan
was further widened and Venice Commission of Council
of Europe was involved in this process. As a result
of effective cooperation Election Code of Republic of
Azerbaijan was adopted in May of 2003 to unify election
legislation. This Code was highly valued by international
organizations. It is stated in Final opinion of Venice
Commission and OSCE DIHRB that Election Code considers
multilateral frameworks, which are relevant to international
criteria and best practices, for realization of elections
and referendum.
Each of elections held since 1995 was a step in comparison
with previous one taken towards lifting the elections
up to international standards and comparative analysis
of opinions of international organizations on elections
proves this. But unfortunately despite achievement of
serious progress in sphere of elections, there are still
a number of mistakes and deficiencies. 10-year activity
of Azerbaijani leadership, its political will directed
to realization of elections meeting modern democratic
standards and yearly improvement of elections practice,
which is expression of that will, proves that reasons
of illegalities happening during elections are outside
the political will of Azerbaijani leadership. Their
reasons should be searched in some of unprofessional
officials and members of election commissions and in
many cases in their irresponsibility and in general,
in "postsoviet mentality".
During preparation to parliamentary elections that are
considered to be held in November of 2005 and during
realization of those elections, in order to prevent
possible illegalities and forgeries in this field, to
ensure realization of elections to Milli Mejlis in accordance
with provisions of Election Code of Republic of Azerbaijan,
implementation of duties of executive power bodies in
necessary manner, I resolve:
1. Central Election Commission shall be suggested to
prepare respective programs in order to ensure passing
of election officials, as well election officials that
will work outside the capital, the training courses
and to carry out multilateral cooperation in this sphere
with political forces and international organizations.
2. It shall be determined that if heads of central and
local executive power bodies, other state officials
illegally interfere in election process, they will be
made answer according to legislation of Republic of
Azerbaijan.
3. Central and local executive power bodies shall be
assigned not to admit, according to Election Code of
Republic of Azerbaijan, oppression of citizens for their
political affiliation after elections within their authorities
and in case of disclosure of such kind of facts to take
necessary measures, according to legislation of Republic
of Azerbaijan, in order to make persons, having committed
such actions, answer according to legislation of Republic
of Azerbaijan. It shall be explained that cases of making
the citizens of Republic of Azerbaijan answer for violation
of requirements of Azerbaijan Republic's Criminal Code,
Code of Administrative Offences and other laws cannot
be evaluated as pressure for political affiliation.
4. Azerbaijan TV and Radio Broadcasts Closed Joint Stock
Company shall be assigned, Public TV and Radio Broadcast
Company, private TV and radio broadcasts companies shall
be recommended to prepare programs ensuring propaganda
of candidates for election in equal bases and organize
respective forums for discussion of political platforms.
5. Central and local executive power bodies shall be
assigned to create, within their authorities, necessary
circumstance, according to Election Code of Republic
of Azerbaijan, for realization of process of exit poll
that will be carried out by public experts, not to interfere
in an illegal manner in course of that process.
6. Central and local executive power bodies shall be
assigned to ensure, within their authorities and according
to Election Code of Republic of Azerbaijan, use of mass
media by all the candidates for election in equal manner
and creation of equal popularization possibilities for
them.
7. Central and local executive power bodies shall be
assigned to take, within their authorities and according
to Election Code of Republic of Azerbaijan, necessary
measures on implementation of results of parallel vote
in fair and transparent form and render necessary aid
to respective election officials.
8. On the eve of elections of deputies of Milli Mejlis
of Republic of Azerbaijan central and local executive
power bodies shall take necessary measures according
to legislation of Azerbaijan Republic in order to ensure
freedom of assembly of citizens of Azerbaijan Republic,
public stability during election campaign and after
elections.
9. Central Election Commission and lower election commissions
of Azerbaijan Republic shall be recommended to ensure
delivery of card to every elector, take necessary measures
according to Election Code of Azerbaijan Republic for
exact and correct compilation of lists of electors.
10. Local executive power bodies shall be assigned to
take, within their authorities and according to Election
Code of Azerbaijan Republic, necessary measures for
compilation of exact elector lists and open show of
those lists at polling stations at least 65 days before
elections.
11. Executive Apparatus of President of Azerbaijan Republic
shall be assigned to assist to implementation of respective
actions of power, central and oppositional political
groups on elections and realization of meeting of contact
group, created to deal with use of technical aid of
international donors directed to improvement of professionalism,
organizational works.
Ilham Aliyev
President of Republic of Azerbaijan
Baku city, 11 May, 2005.
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