THE ELECTORAL CODE OF THE AZERBAIJAN REPUBLIC

Approved by the Law of the Azerbaijan Republic of May 27, 2003, No. 461-IIQ

The basis of the government of the Azerbaijan Republic is made by will of the Azerbaijani people. The will of the Azerbaijani people finds the manifestation in elections, freely and regularly carried out by secret and personal vote on the basis of equal and direct suffrage, and also during the national vote - the referendum which is held by secret and personal vote on the basis of general, equal and direct suffrage. The Azerbaijani state guarantees free use of will of citizens of the Azerbaijan Republic by protection of the principles and regulations of the voting right. This Code determines rules of the organization and elections of deputies of Millie of Majlis of parliament of the Azerbaijan Republic, the President of the Azerbaijan Republic and municipalities, and also universal ballot - referendum.

General part

Section I. Basic concepts

Chapter 1. Basic concepts and principles

Article 1. The basic concepts used in this Code

1.1. In this Code the following basic concepts are used:

1.1.1. referendum - vote of citizens of the Azerbaijan Republic on the questions determined by the Constitution of the Azerbaijan Republic;

1.1.2. elections - elections of deputies of Millie of Majlis of the Azerbaijan Republic, the President of the Azerbaijan Republic, members of the municipalities in the Azerbaijan Republic which are carried out based on the Constitution of the Azerbaijan Republic and of this Code;

1.1.3. the voter - person having the voting right;

1.1.4. the electoral (referendumny) commission - the collegiate organ created according to the procedure, provided by this Code, and organizing and providing elections (referendum);

1.1.5. the constituency - the territorial unit organized according to this Code for elections of any representative (representatives) of elected body of the registered voters;

1.1.6. the citizen - the active citizens of the Azerbaijan Republic having the voting right, faces specified in Articles 12.2 and 12.3 of this Code;

1.1.7. the candidate - person who according to this Code proposed the candidate for election in Millie's deputies of Majlis of the Azerbaijan Republic, Presidents of the Azerbaijan Republic, members of municipalities of the Azerbaijan Republic;

1.1.8. the voting right - the right to elect Millie's deputies of Majlis of the Azerbaijan Republic, the President of the Azerbaijan Republic, members of municipalities and the right of election in these bodies, to position of the President of the Azerbaijan Republic, including participation in promotion of candidates, election (predreferendumny) propaganda, work of the electoral (referendumny) commission, observation of elections (referendum) (including also determination of results of elections (referendum)), vote, implementation of other elective (referendumny) actions;

1.1.9. electoral registers - lists of the citizens of the Azerbaijan Republic who are living in the territory of the polling (referendumny) precinct of the respective selective (referendumny) district and having the voting right;

1.1.10. subscription lists - the lists sent to time of elections to support of one or other candidate or with signatures of voters about membership in propaganda group on referendum for the purpose of participation in predreferendumny propaganda;

1.1.11. propaganda materials - the printed, audiovisual and other materials devoted to election (predreferendumny) propaganda, provided for publication during the elective (referendumny) campaign or distribution by other methods;

1.1.12. predreferendumny propaganda - the activities of citizens, propaganda groups on referendum calling or bearing the purpose to call the citizens having the participation right in referendum, to participate in referendum, to support or not to support the questions submitted for referendum;

1.1.13. election propaganda - the activities of citizens and political parties calling or bearing the purpose to urge voters to participate in elections, to vote (not to vote) for one or other candidate;

1.1.14. promotion of candidates - initiative of determination of persons provided for election to positions of the deputy Millie of Majlis of the Azerbaijan Republic, the President of the Azerbaijan Republic, the member of municipality in the Azerbaijan Republic and also collecting signatures in support of this initiative or form of implementation of the specified initiative by other methods according to the procedure, the provided this Code;

1.1.15. the registered candidate - person registered according to this Code for election of the deputy Millie of Majlis of the Azerbaijan Republic, the President of the Azerbaijan Republic, members of municipalities;

1.1.16. initiators of creation of propaganda groups on referendum the citizens of the Azerbaijan Republic who announced initiative for creation of propaganda groups on referendum and signed the notice represented to the relevant electoral commission for creation of the specified group;

1.1.17. members of propaganda group on referendum are the citizens of the Azerbaijan Republic who subscribed in the subscription lists necessary for registration of propaganda group on referendum;

1.1.18. observation - preparation of the expert opinion based on information collection and their assessment;

1.1.19. the observer - person designated during elections (referendum) by political parties, non-governmental organizations, propaganda groups on referendum, candidates for observation of elections (referenda) and registered in the procedure provided by this Code in the relevant electoral (referendumny) commission;

1.1.20. the international (foreign) observer - person who acquired the right to watch elections (referendum) and the representing foreign state, the foreign or international organization;

1.1.21. persons having the participation right in implementation of the selective (referendumny) actions - observers, the international (foreign) observers, authorized persons, plenipotentiaries, representatives of subjects of media;

1.1.22. the block of political parties - the block created by two or more political parties for joint participation in elections and having the right, equal with political parties, during elections;

1.1.23. the electoral (referendumny) company - the selective (referendumny) actions performed from the date of publication of the decision (order) of authorized state body on calling of an election (referendum) about day of publication of election results (referendum);

1.1.24. the selective (referendumny) claim - the appeal sent on cancellation of results of documents, decisions, actions (failure to act) in connection with elections (referendum) or review of these results;

1.1.25. the identity document, - the identity certificate or the official document reflecting name, middle name, surname of the citizen, birth date, residence address and also the photo of the citizen (the list of documents such affirms Central Election Commission);

1.1.26. subordination - provides the office relations of the head with the subordinate, including availability of powers of the first on the order the second, i.e. the first in limits of the ex-officio full powers shall have the right to employ the second, to discharge from office, to make it orders, orders and instructions, obligatory to execution, to reward it and to apply to it administrative measures;

1.1.27. publication - bringing to data of the population by placement on information boards, official seal, television and radio or the announcement of decisions in connection with elections (referendum) of the electoral commissions and other state bodies which are taking part in elections (referendum) or the different ways doing possible acquaintance of all with these decisions;

1.1.28. places remote or remote - the settlements which are in the mountain territory and in connection with environment the requiring more than 1 hour for achievement of the closest selective Item public transport.

1.1.29. results of vote - count results of voices in the precinct election commission during elections (referendum); count results of voices in district electoral commission during the referendum and presidential elections;

1.1.30. election results (referendum) - the results of vote determined by district electoral commission during elections of deputies of Millie of Majlis of the Azerbaijan Republic and elections to municipalities;

1.1.31. results of elections (referendum) - determination of the candidate, elected to time of elections by the deputy Millie of Majlis of the Azerbaijan Republic, the President, the member of municipality, determination of the question accepted (not accepted) on referendum;

1.1.32. general results of elections - generalization of results of elections to Millie Majlis and elections to the municipalities reflecting names of the elected candidates and quantity of votes given for them.

Article 2. The principles of participation in elections and on referendum

2.1. Citizens of the Azerbaijan Republic participate in elections and referendum on the basis of general, equal and direct suffrage by secret and personal vote.

2.2. Participation of citizens of the Azerbaijan Republic in elections and referendum is free and voluntary. Nobody has the right to make impact on the citizen of the Azerbaijan Republic with the purpose to force it to participation or nonparticipation in elections or referendum, and nobody can prevent its free declaration of will.

2.3. Diplomatic representations and consular establishments of the Azerbaijan Republic during elections and referendum shall give help to the citizens of the Azerbaijan Republic living outside the Azerbaijan Republic in implementation of the rights provided by articles 3 and 56 of the Constitution of the Azerbaijan Republic.

2.4. Elections cannot be held in one day with referendum. Elections of deputies of Millie of Majlis of the Azerbaijan Republic cannot be held in one day with election of the president of the Azerbaijan Republic. Elections of deputies of Millie of Majlis of the Azerbaijan Republic cannot be held in one day with elections to municipalities. Election of the president of the Azerbaijan Republic cannot be held in one day with elections to municipalities.

2.5. Preparation and elections and referendum, counting of votes, determination of results of vote and election results and referendum are performed openly and directly.

2.6. Participating in elections (referendum) shall comply with the following conditions:

2.6.1. respect freedom of press;

2.6.2. not interfere with work of the representatives of subjects of media who are engaged in the professional activity, not interfere with the election (referendumny) campaigns of candidates, batches (blocks of political parties) and not to break them;

2.6.3. not interfere with distribution of pre-election propaganda materials, predreferendumny propaganda materials;

2.6.4. not destroy and not spoil election (predreferendumny) propaganda posters and other similar materials;

2.6.5. not interfere with holding mass pre-election (predreferendumny) actions;

2.6.6. cooperate with the electoral (referendumny) bodies and their officials for free, independent, peaceful and organized elections (referendum);

2.6.7. not create obstacle to voters for the free and independent declaration of will;

2.6.8. respect authorized persons and observers and to cooperate with them;

2.6.9. store and promote storage of mystery of elections;

2.6.10. not win round voters illegal actions;

2.6.11. not to interfere unreasonably with activities of the electoral (referendumny) commissions, not to break process of vote or counting of votes;

2.6.12. respect legally confirmed election results (referendum), show to competent authority any claim connected with elections (referendum) and observe the decision of this body connected with this claim;

2.6.13. not do performances of the menacing and slanderous nature or calling for violence and not spread similar materials;

2.6.14. not offer voters relevant proposals, not intimidate them by punishment;

2.6.15. not use in the cases provided by this Code, the state resources, municipal and other public resources;

2.6.16. involve voters in vote, refusal of vote by pressure or the offer of gift or other illegal methods;

2.6.17. not force voters to participation or nonparticipation in propaganda groups on referendum, promotion or not promotion of the candidates, response or not response of candidates, participation or nonparticipation in election (predreferendumny) propaganda by pressure or the offer of gift or other illegal methods;

2.6.18. not use the help or activities of any official directed to support or not support of the question pushed on referendum, the candidate.

2.7. Violation of requirements of Articles 2.6.2 - 2.6.5, 2.6.7, 2.6.10, 2.6.11, 2.6.13, 2.6.18 of this Code, attracts to the responsibility specified in the Criminal code of the Azerbaijan Republic or the Code of the Azerbaijan Republic about administrative offenses.

Article 3. Common voting right

Irrespective of racial, ethnic origin, religious, sex, origin, property status, official position, belief, belonging to political parties, labor unions and other public associations or other status, citizens of the Azerbaijan Republic have the right to choose, be elected and to participate in referendum.

Article 4. Equal suffrage

4.1. Citizens participate in elections and referendum on an equal basis.

4.2. During each vote each citizen has one voice.

4.3. Each voice of citizens has equal force.

Article 5. Direct suffrage

5.1. Citizens personally vote on elections for or against the candidate, for or against the question submitted for referendum.

5.2. It is forbidden to vote instead of other persons. The citizens who voted instead of others or created for this condition are made responsible, the Azerbaijan Republic specified in the Criminal code or the Code of the Azerbaijan Republic about administrative offenses.

Article 6. Secret vote

During elections and referendum vote shall be secret, and it shall exclude any control over declaration of will of voters.

Article 7. Obligation of elections and referenda

7.1. Elections to Millie Majlis of the Azerbaijan Republic, to position of the President of the Azerbaijan Republic and in municipalities in the terms specified in the Constitution of the Azerbaijan Republic and in this Code, surely.

7.2. Holding referenda on the questions specified in part II of Article 3 and article 152 of the Constitution of the Azerbaijan Republic, surely.

Article 7-1. The circumstances excluding elections and referendum

If more than in 25 percent of the territory of the Azerbaijan Republic warlike or emergency state is announced, during warlike or emergency state, and also within 3 months after cancellation of warlike or emergency state elections or referendum are not carried out.

Article 8. Term of calling of an election (referendum)

8.1. The decision (order) on calling of an election (referendum) is officially published not later than 60 days till ballot day.

8.2. In the territory of elections (referendum) ballot day is considered in the non-working day. If ballot day matches with the day of national grief provided by the Labor code or which is not considered in the working holiday (except for the case provided by part II of article 84 of the Constitution of the Azerbaijan Republic), vote is appointed to other working day of month in which vote shall be taken.

Article 9. Place of implementation of the voting right

9.1. The active voting right is performed during at least 6-month term of the last 12 months from the date of official publication of the decision (order) on calling of an election in the selective Item in the place of permanent residence of citizens taking into account Articles 35.4-35.6 of this Code.

9.2. The citizens who left the permanent addresses owing to war, armed conflicts, public conflicts or natural disasters perform active voting rights according to the procedure, established by Central Election Commission.

Article 10. Vote during elections and referendum

10.1. With participation in elections citizens of the Azerbaijan Republic can vote only for one candidate, except for municipal elections.

10.2. With participation on referendum citizens of the Azerbaijan Republic can give only one answer to each question which is submitted for referendum.

Article 11. Right to election (predreferendumny) propaganda

11.1. The state guarantees creation of conditions for carrying out free election (predreferendumny) propaganda by citizens, political parties, propaganda groups on referendum according to the Constitution of the Azerbaijan Republic.

11.2. Citizens, political parties, propaganda groups on referendum have the right to carry on election (predreferendumny) propaganda in the form of the address to voters to participate or not to participate in elections (referendum), to vote for or against the candidate, the registered candidate, political party, the block of political parties, to vote for or against the question submitted for referendum in admissible the law forms and methods.

11.3. The state determines conditions for equal use of media by the registered candidate, and also political parties, blocks of political parties and propaganda groups on referendum for election (predreferendumny) propaganda according to Articles 74-86 of this Code.

Article 11-1. Non-admission of illegal intervention in the course of elections (referendum)

11-1.1. Illegal intervention in the course of elections (referendum) of legal entities, officials of state bodies and municipalities, other physical persons is forbidden.

11-1.2. Preventing to implementation of the rights of citizens to participation in elections (referendum), compulsion of the citizen to putting down of the signature for the candidate or preventing to its vote, intervention in work of the electoral commissions or influence on it, falsification of the selective documents (documents for participation on referendum) or submission of counterfeited documents, obviously wrong charge of voices, the wrong determination of results of vote or violation of taynost of vote, vote for other persons, lowering, abuse of ex-officio full powers for the purpose of influence on election results (referendum) by one person in the ballot box results more than one ballot in the responsibility provided by the Criminal code of the Azerbaijan Republic.

Chapter 2. Guarantees of the voting right. Restrictions

Article 12. Accessory of active voting right

12.1. Except as specified, stipulated in Article 56 Constitutions of the Azerbaijan Republic and article 14 of this Code, each citizen of the Azerbaijan Republic who reached age of 18 years in day of elections to Millie Majlis, presidential elections, municipal elections, referendum (including also this day), have active voting right - the right to choose, vote on referendum, to watch the course of elections (referendum), to participate in election (predreferendumny) propaganda, to participate in the selective actions and in implementation of the actions connected with preparation of referendum provided by this Code.

12.2. The persons without citizenship fulfilling the requirement specified in Article 12.1 of this Code, at least 5 years which are constantly living in the Azerbaijan Republic can take part in vote during the presidential elections, elections to Millie Majlis, municipal elections or referendum.

12.3. The citizens of foreign countries fulfilling the requirement specified in Article 12.1 of this Code, at least 5 years living in limits of the corresponding municipal territory can take part in vote in municipal elections (provided that in the states which citizens they are the same rights for foreigners in case of municipal elections are acknowledged).

12.4. According to part II of article 56 of the Constitution of the Azerbaijan Republic, person which incapacity is recognized as the judgment are deprived of active voting right - the right to participate in elections, and also in referendum.

Article 13. Accessory of passive voting right

13.1. Except as specified, stipulated in Article 56 Constitutions of the Azerbaijan Republic and this Code, each citizen having active voting right has passive voting right - the right to be initiator of creation of propaganda group on referendum, to be elected the deputy Millie of Majlis, the President, the member of municipality if fulfills the demands made by the Constitution of the Azerbaijan Republic to candidates for president, deputatstvo and membership in municipality.

13.2. Cases of the restriction connected with passive voting right are established by Articles 56, of 85, 100 Constitutions of the Azerbaijan Republic and this Code.

13.3. According to part III of Article 56, Articles, 85 and 100 Constitutions of the Azerbaijan Republic, no passive voting right - the rights to be elected in Millie's deputies of Majlis, the President, the member of municipality is had by the following people:

13.3.1. the people serving sentence in detention centers according to the court verdict which took legal effect;

13.3.2. the people condemned for the crimes provided by Articles 15.4 - 15.5 Criminal codes of the Azerbaijan Republic;

13.3.3. citizens of the Azerbaijan Republic with double citizenship (before the expiration of double citizenship);

13.3.4. citizens of the Azerbaijan Republic who have obligations to foreign states (before the termination of such obligations). Over 5 years which are the reason of availability of the long, strong and stable relations the registration, tax liabilities, the obligation not to leave the territory of the country over certain term, and also others political or obligations in law arising in connection with accommodation in foreign state can be such obligations.

Article 14. Incompatibility of obligations

14.1. Cases of incompatibility of obligations are determined by Articles 56, of 85, 100 Constitutions of the Azerbaijan Republic and this Code.

14.2. According to part III of article 56 of the Constitution of the Azerbaijan Republic there cannot be the deputy Millie of Majlis, the President, the member of municipality on posts following people:

14.2.1. the military personnel (in the time spent for military service);

14.2.2. judges (during fulfillment of duties of the judge);

14.2.3. government employees (in the time spent for public service);

14.2.4. priests (during the occupation professional religious activity).

Article 15. Non-admission to participation in elections (referendum) of foreigners, persons without citizenship, foreign legal entities

15.1. Considering the exceptions specified in Article 12.2 of this Code persons without citizenship have no active and passive voting right in the Azerbaijan Republic.

15.2. Considering the exceptions specified in Article 12.3 of this Code foreigners have no active and passive voting right in the Azerbaijan Republic.

15.3. Foreigners, stateless persons, foreign legal entities, their branches and representations (further - foreign legal entities) cannot participate in promotion, registration of candidates, in the election campaigns of the registered candidates during elections. It does not limit foreigners and stateless persons in freedom of opinion and freedom of assembly.

15.4. Foreigners, stateless persons, foreign legal entities, their branches and representations during the referendum have no right to carry out propaganda for or against the questions pushed on referendum, to be member of propaganda group on referendum, including the initiator of their creation or to take part in their activities in this or that form. It does not limit foreigners and stateless persons in freedom of opinion and freedom of assembly.

15.5. Foreigners, stateless persons, foreign legal entities who do not observe these requirements are made responsible according to the procedure, established by the law.

Article 16. Cases of nonparticipation of citizens in vote

16.1. Citizens who are in planes and in air ports, in trains or at railway stations, on expeditions to ballot day do not participate in vote at this time.

16.2. If precinct election commissions are not created in courts which are in swimming in ballot day, according to Article 35.4 of this Code, the citizens who are in these courts do not participate in vote.

16.3. If precinct election commissions are not created according to Article 35.4 of this Code in ballot day on the gas and oil producing platforms (further - oil platforms) located in the Azerbaijani sector of the Caspian Sea, the citizens who are on such platforms do not participate in vote.

16.4. If in foreign state in ballot day there is no Azerbaijani diplomatic representation or consulate, or the selective Item is not created according to Article 35.6 of this Code in the Azerbaijani diplomatic representation or consulate, the citizens of the Azerbaijan Republic who are in it foreign the state do not participate in vote.

16.5. Vote at elections in Millie's deputies of Majlis and in members of municipality is not carried out for the citizens of the Azerbaijan Republic who are in ballot day in foreign states.

16.6. Vote at elections in Millie's deputies of Majlis and in members of municipality is not carried out in the courts which are in ballot day in swimming, hospitals, sanatoria, rest houses, oil platforms located in the Azerbaijani sector of the Caspian Sea.

Section II. General provisions

Chapter 3. Electoral and referendumny bodies

Article 17. Principles of activities of the electoral (referendumny) bodies

17.1. Elections and referenda in the Azerbaijan Republic are organized and carried out by the electoral (referendumny) commissions.

17.2. The electoral (referendumny) commissions - the electoral (referendumny) bodies within the powers established by this Code - provide preparation, elections (referendum), determination and approval of results of vote and results of elections (referendum), realization and protection of the voting right of citizens and control observance of the specified rights.

17.3. The electoral (referendumny) commissions within the powers established by this Code are independent of state bodies, municipal structures, political parties, non-governmental organizations and other public organizations, other legal entities and physical persons by preparation and elections (referendum); intervention of their or their officials in activities of the electoral (referendumny) commissions is not allowed. The persons interfering or influencing work of the electoral (referendumny) commissions are brought to administrative or criminal responsibility according to the Criminal code of the Azerbaijan Republic and the Code of the Azerbaijan Republic about administrative offenses.

17.4. Decisions and acts adopted the selective (referendumny) the commissions within the powers established by this Code are obligatory for the state bodies functioning in the corresponding territory, municipal structures, candidates, the registered candidates, political parties, non-governmental organizations, others of public organizations, propaganda groups on referendum, officials and voters. Decisions of the above-stated electoral commissions are obligatory for subordinate electoral commissions.

17.5. The electoral (referendumny) commissions within the powers established by this Code have the right to use the state automated information system for the purpose of informing voters on the course of preparation and elections (referendum), on its results, obtaining, collection, replenishment, conversion, transfer and preserving information used by preparation and elections (referendum), and also information support of activities of the electoral (referendumny) commissions (provided that information on voters is protected and will not be widespread).

17.6. During the organization and elections (referendum), the electoral (referendumny) commissions and their members, other officials in the activities shall follow the following requirements:

17.6.1. in the organization and elections (referendum) to be based on the law; the laws shall be applied completely, equally and without prejudice;

17.6.2. fairly and equally within the law to treat each political party, propaganda group on referendum, the candidate, the voter and other participants of the election (referendumny) campaign;

17.6.3. be neutral and impartial to the candidate, political party, propaganda groups on referendum and the voter;

17.6.4. not allow any actions directed to support or which can be understood as support of any candidate, political party, propaganda group on referendum;

17.6.5. not allow contradictions between office and private interests as the organizer of elections (referendum);

17.6.6. not take any gifts or other gifts from participants of the election (referendumny) campaign;

17.6.7. not follow illegal instructions which contradict their obligations;

17.6.8. not take part in any action (share) which is in conflict with their obligations;

17.6.9. not take part in activities (including private activities) which can lead to the prejudiced attitude towards any candidate, political party, propaganda group on referendum;

17.6.10. not express the line item during any political disputes connected with elections (referendum);

17.6.11. not have any relation with the voter in connection with questions of the choice of political nature;

17.6.12. not carry or not extend symbols of any political party, any some other way not to express the relation to any political party;

17.6.13. not comment according to own conclusion of the made decisions, except for on meetings of the electoral commissions;

17.6.14. make possible receipt of information which can influence adoption of any decision;

17.6.15. create conditions for voters, persons who have the right based on the law to participate in implementation of the selective (referendumny) actions and to get acquainted with documents and information;

17.6.16. create conditions for distribution, studying, systematic publication of unambiguous and clear information;

17.6.17. take all feasible measures for participation of voters in elections (referendum);

17.6.18. take measures for the correct understanding of the election (referendumny) campaign voters;

17.6.19. create all opportunities for participation of voters with invalinost or voters with other physical violations living in the remote or hard-to-reach spots which need creation of special conditions for vote.

Article 18. System of the electoral (referendumny) commissions

18.1. The system of the electoral (referendumny) commissions in the Azerbaijan Republic includes the following commissions:

18.1.1. The central electoral (referendumny) commission of the Azerbaijan Republic (further - Central Election Commission)

18.1.2. the district electoral (referendumny) commissions (further - district electoral commissions)

18.1.3. the precinct electoral (referendumny) election commissions (further - precinct election commissions).

18.2. The Central Election Commission directs work of the electoral commissions.

18.3. The electoral commissions are the state bodies performing permanent activities according to Articles 3, of 83, 101 and 142 Constitutions of the Azerbaijan Republic (except for the precinct election commissions specified in Articles 35.4 - 35.6 of this Code).

Article 19. General rules of the organization of activities of the electoral commissions

19.1. The electoral commissions perform activities in joint form.

19.2. The relevant electoral commission gathers for the first meeting during not later than 5 days from the date of appointment of her members with the right of casting vote.

19.3. The chairman (in Central Election Commission also his deputy), two secretaries of the electoral commission are elected at the first meeting of the electoral commission by open voting. Before election of the chairman of the electoral commission the most senior member of the commission on age presides over its first meeting or in the absence of the chairman at meeting. The chairman of the electoral commission represents the political party constituting most of deputies in Millie Majlis, each of secretaries - the batch constituting minority of deputies, and independent deputies of Millie of Majlis.

19.4. The electoral commissions make decisions within the powers.

19.5. The meeting of the electoral commission is convened by the chairman, and also upon the demand of at least 1/3 members of the commission with the right of casting vote.

19.6. The member of the electoral commission with the right of casting vote shall take part at all meetings of the electoral commission, except for disease and other reasonable excuses.

19.7. For the purpose of replacement of the member of the commission with the right of casting vote in the cases specified in Article 19.6. of this Code, in the electoral commission are appointed the replacing members pushed on the basis of the same conditions as the main members (are elected).

19.8. Members of the electoral commission are notified by the commission chairman on meeting of the electoral commission and on the questions considered at this meeting in 5 days prior to holding meeting, but not later than 3 days before holding meeting. Information on time of meeting of the electoral commission and the list of the questions considered at this meeting, the drafts of relevant decisions and other documents concerning them are led up personally to members of the electoral commission in writing or by means of electronic communication. If till ballot day there were less than 5 days, then information on time of meeting and the list of the questions considered at this meeting, the drafts of relevant decisions and other documents concerning them are led up within 24 hours, in day of vote - without delay and personally.

19.9. Recognition of meeting of the electoral commission is provided to authorized at least 2/3 of her members with the right of casting vote.

19:10. The meeting of the electoral commission is considered authorized with the assistance of 2/3 members of the commission with the right of casting vote.

19:11. Upon the demand of the member of the electoral commission, and also taking official part in meeting of the member of higher electoral commission on this or that question relating to powers of the commission and corresponding to the approved agenda vote shall be taken.

19:12. Upon the demand of at least 1/3 members of the electoral commission any question connected with elections on the basis of the written address addressed to the chairman of the electoral commission shall be included in the agenda of meeting of the electoral commission.

19:13. On all meetings of the electoral commission the protocol is constituted, all documents arriving in the commission are registered.

19:14. Decisions of the electoral commission and the minutes are signed by the commission chairman and secretaries. In case of not signing of the decision and the protocol by specified persons they are signed by the members of the commission who voted for these documents. At least in 24 hours prior to meeting (and in the election day without delay) protocols of meetings of the electoral commissions are distributed for approval to members of the commission and affirm the decision at one of the regular meetings of the commission (this question is brought in the agenda of meeting of the electoral commission as the first question).

19:15. The members not concordant with the decision made by the electoral commission can express in writing special opinion which is applied to the minutes of the commission. The special opinion no later than 3 days is carried by the commission chairman to higher electoral commission, and in ballot day and next day after vote is reported about it without delay.

19:16. The electoral commission can for performance of works, connected with preparation and elections (referendum), within the funds allocated from the budget to employ according to the employment contract or the civil agreement of freelance employees.

19:17. The chairman of the electoral commission (in Central Election Commission including and the vice-chairman) distributes obligations between secretaries and members of the commission. The accepted with respect thereto decision of the chairman of the electoral commission can be cancelled by the electoral commission. The chairman of the electoral commission on the position is considered the head of the secretariat of the electoral commission.

Article 20. Allocation in media of the place for the electoral commissions

20.1. For explanation of the electoral (referendumny) laws, distribution of information on procedure and terms of implementation of important selective actions, and also about the course of the election (referendumny) campaign, for the answer to the questions of voters specified in Article 77.2 of this Code by television and radio broadcasting companies weekly gratuitously provide during preparation and elections of Central Election Commission of 15 minutes, and specified in Article 77.3 of this Code by television and radio broadcasting companies - district electoral commissions are at least 10 minutes old of broadcasting time.

20.2. The editions of the periodic printing editions appearing at least once a week gratuitously specified in Article 77.1 of this Code allocate for Central Election Commission during preparation and elections at least one page of weekly published amount.

20.3. The electoral commissions use the area allocated in periodicals for explanation of the electoral (referendumny) laws, for the answer to questions of voters of procedure and terms of the selective actions, candidates, the registered candidates, political parties (blocks of political parties), propaganda groups on referendum, about the course of the election (referendumny) campaign.

Article 21. Representation in the electoral commissions

21.1. During elections the registered candidate or the political parties and political blocks which registered the candidate, and during the referendum - propaganda groups on referendum can appoint in structure of the relevant electoral commission of the citizen of the Azerbaijan Republic having active voting rights as the member with the right of advisory vote.

21.2. The member of the electoral commission with the right of advisory vote representing the candidate proposed by political party, the block of political parties is appointed by this political party, the block of political parties.

21.3. The members with the right of advisory vote proposed as the registered candidate the political parties or blocks of political parties which proposed the candidate, propaganda groups on referendum within 3 days affirm the relevant electoral commission.

21.4. In case of merging of political parties or propaganda groups on referendum with preserving one member with the right of advisory vote other members with the right of advisory vote respond from structure of the electoral commission. In case of failure to carry out of this requirement by political party or propaganda group on referendum the relevant electoral commission at own discretion excludes from the structure the member who is subject to response with the right of advisory vote.

Article 22. Status of the member of the electoral commission

22.1. Initiators of creation of propaganda groups on referendum, plenipotentiaries, authorized representatives of candidates, the registered candidates, and also propaganda groups on referendum, observers, members of the electoral commissions with the right of advisory vote, persons who are under direct supervision of candidates, the registered candidates according to the Family code of the Azerbaijan Republic close relatives of the above-stated persons, spouses and close relatives of spouses (the children, parents adopted brothers, sisters, grandsons, grandmothers, grandfathers), the persons who earlier violated the electoral laws and excluded from structure of the electoral commission by the decision of higher electoral commission, or person whose former violations of the electoral laws are confirmed with the judgment cannot perform activities as the member of the electoral commission with the right of casting vote. In the presence of this circumstance and confirmation by its body which appointed the member of the electoral commission, this member of the electoral commission is replaced with the replacing member specified in Article 19.7. of this Code. (The prohibitions provided by this Article in connection with the related relations (except for close relatives) according to the procedure, specified in Article 36.7 of this Code, do not extend to members of the precinct election commissions organized in settlements numbering no more than 100 and at least 50 voters). Powers of members of the commission at which powers were temporarily cancelled because of family relations are recovered after the official announcement of election results. The term of office of the member of the commission appointed instead of them is limited to the period during which persons instead of whom they are appointed cannot perform the activities.

22.2. The member of one electoral commission cannot be at the same time the member of other electoral commission. Except as specified, specified in Article 36.3 of this Code, the member of the electoral commission with the right of casting vote cannot be in public and municipal service.

22.3. The member of the electoral commission with the right of casting vote is ahead of schedule exempted within one month, and during preparation and elections - within 3 days by the decision of the relevant electoral commission from obligations of the member of the electoral commission in the following cases:

22.3.1. in case of submission of the written application about dismissal and confirmation of this statement by the chairman of the electoral commission;

22.3.2. in the presence of the bases provided by Articles 22.1 and 22.2 of this Code;

22.3.3. if becomes the member of political party.

22.4. Powers of the member of the electoral commission with the right of casting vote immediately stop in the following cases:

22.4.1. if there are the candidate for president, Millie's deputies of Majlis or members of municipality;

22.4.2. if becomes chosen or the official of public authorities or local self-government (except for members of the electoral commissions specified in Article 36.3 of this Code);

22.4.3. if stops citizenship of the Azerbaijan Republic or becomes the citizen of other state;

22.4.4. in case of the introduction in legal force of conviction of court concerning it;

22.4.5. in case of its recognition based on the judgment which took legal effect incapacitated, it is limited capable, the missing person or the dead;

22.4.6. in case of confirmation by the judgment of the decision of the relevant electoral commission on regular non-execution of the obligations or about their execution with violation of requirements of Article 17.6 of this Code;

22.4.7. in case of confirmation by the decision of the relevant court of violation of requirements of the electoral laws.

22.5. The member of the electoral commission cannot be exempted from the obligations, and its powers cannot be stopped by the body which appointed it, except as specified, specified in Articles 22.3 and 22.4 of this Code.

22.6. Instead of the member with the right of the casting vote which was disposed from structure of the electoral commission in the cases specified in Articles 22.3 and 22.4 of this Code, in the procedure established by this Code no later than 30 days, and during preparation and elections - within 10 days from the date of its disposal by the body which appointed it earlier the new member is appointed.

22.7. Irrespective of the status members of the electoral commissions in case of violation of requirements of this Code bear the responsibility established for officials by the Criminal code or the Code of the Azerbaijan Republic about administrative offenses.

22.8. During activities of the electoral commission the members of the electoral commission with the right of casting vote working at the municipal positions specified in Article 36.3 of this Code at the companies, organizations, the organizations financed from the government budget cannot without their consent be transferred to other work or are exempted from the obligations at the initiative of the employer.

22.9. The member of the electoral commission with the right of advisory vote has identical rights with the member of the electoral commission with the right of casting vote, except for the rights of issue of ballots and the absentee ballot for vote, recounting of ballots, cancellation of ballots and absentee ballots for vote, creation of protocols on results and results of vote, vote in case of decision making on the questions relating to powers of the electoral commission, signing of the decision of the relevant electoral commission.

22:10. Members of the electoral commission with the right of casting vote and with the right of advisory vote:

22.10.1. are timely informed on meetings of the relevant electoral commission, questions considered at this meeting, concerning their drafts of relevant decisions and other documents;

22.10.2. can state offers on the questions relating to powers of the relevant electoral commission to speak at meeting of the electoral commission and to offer carrying out vote on these questions;

22.10.3. can ask other participants of meeting of the electoral commission questions about the agenda and receive pertinent answers;

22.10.4. can get acquainted with any selective document (including electoral registers, ballots), the selective documents of subordinate electoral commission, to receive copies of documents (except for electoral registers, subscription lists, ballots and certificates of voters), can get acquainted with the documents reflecting the data which are not considered under the law as the state, trade secret or other secret;

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