Approved by Decision # 30/117
of Central Election Commission
of the Republic of Azerbaijan
dated on June 24, 2006

INSTRUCTION

on the participation of stateless persons with permanent residence in the Republic of Azerbaijan and foreigners in Municipal Elections

1. The Instruction defines the rules for the participation of stateless persons with permanent residence within the territory of the Republic of Azerbaijan and foreigners in Municipal Elections by considering the requirements of Article 56 of the Constitution of the Republic of Azerbaijan and Articles 12, 14 of Election Code of the Republic of Azerbaijan (hereafter referred to as – Election Code).
2. Pursuant to Articles 12.1 and 12.2 of Election Code, stateless persons with permanent residence within the territory of the Republic of Azerbaijan shall have the right to participate in elections in the following cases:
2.1. when aging 18 on the day of conducting elections to municipalities (including this day) and living within the territory of the Republic of Azerbaijan not less than 5 years till the appointment of elections to municipalities (including the year of appointing elections).
3. Pursuant to Articles 12.1 and 12.3 of Election Code, the foreigners who live within the territory of the Republic of Azerbaijan shall have the right to participate in elections in the following cases:
3.1. when aging 18 on the day of conducting elections to municipalities (including this day) and living within the territory of the relevant municipality not less than 5 years till the appointment of elections to municipalities (including the year of appointing elections), providing that the same rights of the foreigners shall be respected during elections to municipalities in the states, which these foreigners are citizens of.
4. The persons who do not abide any of the requirements implied by the items # 2 and 3 of the Instruction, can not participate in elections.
5. Stateless persons with permanent residence within the territory of the Republic of Azerbaijan and foreigners shall not participate in the implementation of other election actions excluding the participation in the voting during elections to municipalities.
6. Pursuant to “Regulation on special documents of foreigners and stateless persons permanently residing in the Republic of Azerbaijan” approved by the Law of the Republic of Azerbaijan dated on December 30, 1997, the main documents that define the status of stateless persons and foreigners during their participation in elections to municipalities are the identification card issued to the stateless person who has attained the age of 16 years old for using within the Republic of Azerbaijan and the card on the registration of foreigner provided to the foreigner intending to live in the Republic of Azerbaijan more than 30 days.
The fact that these persons live in the Republic of Azerbaijan not less than 5 years can be approved with the list submitted by the departments for registration and ID cards of the Ministry of Interior Affairs of the Republic of Azerbaijan and its city or district police offices or with the documents provided by the relevant executive authorities.
6.1. On the voting day, the documents implied by the item # 6 of the Instruction are considered as the documents that approve the identification of relevant voters and shall be submitted to relevant Precinct Election Commission members for the voting of these persons.
7. The inclusion of stateless persons and foreigners in voters list on the relevant precinct shall be implemented in accordance with the fact that these persons live in the relevant precinct not less than 5 years since the day of the declaration of elections pursuant to Articles 12 and 47 of Election Code. This fact shall be defined by the body implementing registration of the stateless persons and foreigners.
8. The list of the stateless persons attaining 18, who permanently live in the Republic of Azerbaijan for not less than 5 years shall be submitted to the relevant Con.EC by the Ministry of Interior Affairs of the Republic of Azerbaijan in the case and time defined for the citizens of the Republic of Azerbaijan by Election Code.
8.1. In order to define the issue implied by the item # 3.2 of the Instruction, Central Election Commission of the Republic of Azerbaijan (hereafter referred to as – Central Election Commission) shall apply to the Ministry of Foreign Affairs of the Republic of Azerbaijan at least 90 days prior to the voting with the inquiry on submitting the list of the states that allow foreigners to participate in Municipal Elections in the legislation of foreign states. The information obtained as the result of the inquiry, shall be sent to Con.ECs by Central Election Commission at least 60 days prior to the voting day. The Con.ECs obtain the list of foreigners according to this information by the Ministry of Interior Affairs and relevant departments for  registration and ID cards of its city and district police offices.
8.2. The Con.EC shall ensure providing the Precinct Election Commissions (PECs) on the places of residences of stateless persons who permanently live within the Republic of Azerbaijan and foreigners with their list at least 35 days prior to the voting day.
8.3. Specification of the names of the persons indicated on the lists and making relevant amendments shall be implemented by the PEC in the case defined by Election Code at least 35 days prior to the voting day.
9. The stateless persons attained 18 who permanently live in the Republic of Azerbaijan for not less than 5 years and foreigners shall be included in permanent list of voters by PECs in the case defined by Article 46 of Election Code and these persons shall be provided with voter cards. While being included in permanent voters list, the secretary of the election commission shall make notes before the names of stateless persons and foreigners.
9.1. The inclusion of the stateless persons attained 18 who permanently live in the Republic of Azerbaijan for not less than 5 years and foreigners in voter lists, their exclusion from these lists, providing them with de-registration cards and making them familiar with voter lists shall be regulated by Rules, Regulations and Instructions on these issues, adopted by Central Election Commission pursuant to rules for the citizens of the Republic of Azerbaijan having suffrage defined by Election Code.
10. During exercising their rights to vote in Municipal Elections, the stateless persons attained 18 who permanently live in the Republic of Azerbaijan for not less than 5 years and foreigners shall have equal rights and duties with the citizens of the Republic of Azerbaijan.
11. Violation of the rules defined by Election Code and the Instruction by the stateless persons attained 18 who permanently live in the Republic of Azerbaijan for not less than 5 years and foreigners shall cause liability of these persons pursuant to Article 15.5 of Election Code.