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LAW OF THE AZERBAIJAN REPUBLIC

of December 16, 2022 No. 693-VIQ

About political parties

This Law according to Items 1 and 10 of part I of article 94 of the Constitution of the Azerbaijan Republic establishes procedure for organization, state registration, check, suspension and recovery of activities, liquidation of political party, and also questions of the organization of activities of political party, membership and material security.

Chapter 1. Basic provisions

Article 1. Basic concepts

1.1. For the purposes of this Law the following basic concepts are used:

1.1.1. political party - the non-commercial legal entity founded by citizens of the Azerbaijan Republic according to this Law for the purpose of participation in political life of the country and expression of political will of citizens;

1.1.2. the charter of political party - the constituent document regulating general activities of political party and reflecting data, the stipulated in Article 13.2 presents of the Law;

1.1.3. the program of political party - the document regulating ideological activities of political party and reflecting the questions provided by the first offer of article 13.4 of this Law;

1.1.4. bodies of political party - the supreme body, mezhsjezdovsky collegiate organ and (or) the chairman, and also the regulatory authority which are governing bodies of political party;

1.1.5. structural organizations of political party - the consultative structures created in political party in the corresponding directions, the division created for the purpose of occupation by current affairs in the headquarters of political party (the secretariat, the device, etc.) and also the local organizations;

1.1.6. the headquarters of political party - the place where governing bodies of political party are located;

1.1.7. the member of political party - the reached 18-year age and sui juris citizen of the Azerbaijan Republic admitted to political party;

1.1.8. the representative - person determined by the local organization from among members of political party for the purpose of representation in the supreme body of political party;

1.1.9. rate of representation - the regulation determined proceeding from the number of members of political party in the local organization for the purpose of determination of number of representatives of the local organization;

1.1.10. the membership fee - the means which is regularly paid by members of political party in cash type according to the charter of political party;

1.1.11. the government financial aid - the funds allocated from the government budget to political parties according to the procedure, provided by this Law;

1.1.12. donation - the means given to political party in the form of money or other property by citizens of the Azerbaijan Republic and also the financial aid provided in other form without assignment on political party of obligation on achievement of any purpose.

1.2. Other concepts used in this Law express the values determined by regulatory legal acts of the Azerbaijan Republic.

Article 2. Legislation of the Azerbaijan Republic on political parties

2.1. The legislation of the Azerbaijan Republic on political parties consists of the Constitution of the Azerbaijan Republic, international treaties which participant is the Azerbaijan Republic, this Law and other regulatory legal acts of the Azerbaijan Republic.

2.2. Participation of political parties in elections of deputies of Millie of Majlis of the Azerbaijan Republic, the President of the Azerbaijan Republic and municipal elections, and also national vote (referendum) is regulated by the Electoral code of the Azerbaijan Republic.

Article 3. State guarantees of activities of political party

3.1. Everyone has the equal right to creation of political party or the accession to the existing political party.

3.2. The right, the stipulated in Article 3.1 presents of the Law, can be limited only in the cases established by the Constitution of the Azerbaijan Republic, the Constitutional law of the Azerbaijan Republic "On regulation of implementation of human rights and freedoms in the Azerbaijan Republic" and this Law. The imposed restrictions shall not change being of this right, they shall be directed to achievement of the legal purpose provided by the Constitution of the Azerbaijan Republic and the Constitutional law of the Azerbaijan Republic "On regulation of implementation of human rights and freedoms in the Azerbaijan Republic" and to be proportional to this purpose.

3.3. Free activities of all political parties which underwent state registration are guaranteed.

3.4. The state guarantees creation of equal legal conditions for organization of political parties and implementation of activities by them according to the Constitution of the Azerbaijan Republic and the laws of the Azerbaijan Republic, and also observance of their rights and legitimate interests.

3.5. Legal regulation of activities of political parties by the state shall serve promotion of political pluralism.

3.6. The state provides financial aid to political parties at the expense of means of the government budget according to the procedure, the stipulated in Clause 25 these Laws.

3.7. Except as specified, provided by the law, intervention in activities of political parties of state bodies (structures), local government bodies, officials is not allowed.

3.8. The political party can make the complaint in administrative and legal process about violation of its rights and legitimate interests. With the consent of the member the political party can make the complaint and in protection of its rights, freedoms and the interests protected by the law connected with its membership in batch.

3.9. Activities of the political parties violating the Constitution of the Azerbaijan Republic and the laws of the Azerbaijan Republic can be stopped only judicially.

3.10. The disputes connected with state registration, suspension of operations and liquidation of political party are considered by Appeal Court.

3.11. Liquidation of the legal entity as criminal legal measure is not applied to political party.

Article 4. Principles of organization and activities of political party

4.1. Political parties are established and function on the principles of voluntariness, equality of members, self-government, collective nature, legality and publicity.

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